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SB3722 Enrolled LRB104 20597 KTG 34087 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Article 1.
5 Section 5. The Freedom of Information Act is amended by
6 changing Section 7 as follows:
7 (5 ILCS 140/7)
8 (Text of Section before amendment by P.A. 104-300)
9 Sec. 7. Exemptions.
10 (1) When a request is made to inspect or copy a public
11 record that contains information that is exempt from
12 disclosure under this Section, but also contains information
13 that is not exempt from disclosure, the public body may elect
14 to redact the information that is exempt. The public body
15 shall make the remaining information available for inspection
16 and copying. Subject to this requirement, the following shall
17 be exempt from inspection and copying:
18 (a) Information specifically prohibited from
19 disclosure by federal or State law or rules and
20 regulations implementing federal or State law.
21 (b) Private information, unless disclosure is required
22 by another provision of this Act, a State or federal law,
SB3722 Enrolled -2- LRB104 20597 KTG 34087 b
1 or a court order.
2 (b-5) Files, documents, and other data or databases
3 maintained by one or more law enforcement agencies and
4 specifically designed to provide information to one or
5 more law enforcement agencies regarding the physical or
6 mental status of one or more individual subjects.
7 (c) Personal information contained within public
8 records, the disclosure of which would constitute a
9 clearly unwarranted invasion of personal privacy, unless
10 the disclosure is consented to in writing by the
11 individual subjects of the information. "Unwarranted
12 invasion of personal privacy" means the disclosure of
13 information that is highly personal or objectionable to a
14 reasonable person and in which the subject's right to
15 privacy outweighs any legitimate public interest in
16 obtaining the information. The disclosure of information
17 that bears on the public duties of public employees and
18 officials shall not be considered an invasion of personal
19 privacy.
20 (d) Records in the possession of any public body
21 created in the course of administrative enforcement
22 proceedings, and any law enforcement or correctional
23 agency for law enforcement purposes, but only to the
24 extent that disclosure would:
25 (i) interfere with pending or actually and
26 reasonably contemplated law enforcement proceedings
SB3722 Enrolled -3- LRB104 20597 KTG 34087 b
1 conducted by any law enforcement or correctional
2 agency that is the recipient of the request;
3 (ii) interfere with active administrative
4 enforcement proceedings conducted by the public body
5 that is the recipient of the request;
6 (iii) create a substantial likelihood that a
7 person will be deprived of a fair trial or an impartial
8 hearing;
9 (iv) unavoidably disclose the identity of a
10 confidential source, confidential information
11 furnished only by the confidential source, or persons
12 who file complaints with or provide information to
13 administrative, investigative, law enforcement, or
14 penal agencies; except that the identities of
15 witnesses to traffic crashes, traffic crash reports,
16 and rescue reports shall be provided by agencies of
17 local government, except when disclosure would
18 interfere with an active criminal investigation
19 conducted by the agency that is the recipient of the
20 request;
21 (v) disclose unique or specialized investigative
22 techniques other than those generally used and known
23 or disclose internal documents of correctional
24 agencies related to detection, observation, or
25 investigation of incidents of crime or misconduct, and
26 disclosure would result in demonstrable harm to the
SB3722 Enrolled -4- LRB104 20597 KTG 34087 b
1 agency or public body that is the recipient of the
2 request;
3 (vi) endanger the life or physical safety of law
4 enforcement personnel or any other person; or
5 (vii) obstruct an ongoing criminal investigation
6 by the agency that is the recipient of the request.
7 (d-5) A law enforcement record created for law
8 enforcement purposes and contained in a shared electronic
9 record management system if the law enforcement agency or
10 criminal justice agency that is the recipient of the
11 request did not create the record, did not participate in
12 or have a role in any of the events which are the subject
13 of the record, and only has access to the record through
14 the shared electronic record management system. As used in
15 this subsection (d-5), "criminal justice agency" means the
16 Illinois Criminal Justice Information Authority or the
17 Illinois Sentencing Policy Advisory Council.
18 (d-6) Records contained in the Officer Professional
19 Conduct Database under Section 9.2 of the Illinois Police
20 Training Act, except to the extent authorized under that
21 Section. This includes the documents supplied to the
22 Illinois Law Enforcement Training Standards Board from the
23 Illinois State Police and Illinois State Police Merit
24 Board.
25 (d-7) Information gathered or records created from the
26 use of automatic license plate readers in connection with
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1 Section 2-130 of the Illinois Vehicle Code.
2 (e) Records that relate to or affect the security of
3 correctional institutions and detention facilities.
4 (e-5) Records requested by persons committed to the
5 Department of Corrections, Department of Human Services
6 Division of Mental Health, or a county jail if those
7 materials are available in the library of the correctional
8 institution or facility or jail where the inmate is
9 confined.
10 (e-6) Records requested by persons committed to the
11 Department of Corrections, Department of Human Services
12 Division of Mental Health, or a county jail if those
13 materials include records from staff members' personnel
14 files, staff rosters, or other staffing assignment
15 information.
16 (e-7) Records requested by persons committed to the
17 Department of Corrections or Department of Human Services
18 Division of Mental Health if those materials are available
19 through an administrative request to the Department of
20 Corrections or Department of Human Services Division of
21 Mental Health.
22 (e-8) Records requested by a person committed to the
23 Department of Corrections, Department of Human Services
24 Division of Mental Health, or a county jail, the
25 disclosure of which would result in the risk of harm to any
26 person or the risk of an escape from a jail or correctional
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1 institution or facility.
2 (e-9) Records requested by a person in a county jail
3 or committed to the Department of Corrections or
4 Department of Human Services Division of Mental Health,
5 containing personal information pertaining to the person's
6 victim or the victim's family, including, but not limited
7 to, a victim's home address, home telephone number, work
8 or school address, work telephone number, social security
9 number, or any other identifying information, except as
10 may be relevant to a requester's current or potential case
11 or claim.
12 (e-10) Law enforcement records of other persons
13 requested by a person committed to the Department of
14 Corrections, Department of Human Services Division of
15 Mental Health, or a county jail, including, but not
16 limited to, arrest and booking records, mug shots, and
17 crime scene photographs, except as these records may be
18 relevant to the requester's current or potential case or
19 claim.
20 (f) Preliminary drafts, notes, recommendations,
21 memoranda, and other records in which opinions are
22 expressed, or policies or actions are formulated, except
23 that a specific record or relevant portion of a record
24 shall not be exempt when the record is publicly cited and
25 identified by the head of the public body. The exemption
26 provided in this paragraph (f) extends to all those
SB3722 Enrolled -7- LRB104 20597 KTG 34087 b
1 records of officers and agencies of the General Assembly
2 that pertain to the preparation of legislative documents.
3 (g) Trade secrets and commercial or financial
4 information obtained from a person or business where the
5 trade secrets or commercial or financial information are
6 furnished under a claim that they are proprietary,
7 privileged, or confidential, and that disclosure of the
8 trade secrets or commercial or financial information would
9 cause competitive harm to the person or business, and only
10 insofar as the claim directly applies to the records
11 requested.
12 The information included under this exemption includes
13 all trade secrets and commercial or financial information
14 obtained by a public body, including a public pension
15 fund, from a private equity fund or a privately held
16 company within the investment portfolio of a private
17 equity fund as a result of either investing or evaluating
18 a potential investment of public funds in a private equity
19 fund. The exemption contained in this item does not apply
20 to the aggregate financial performance information of a
21 private equity fund, nor to the identity of the fund's
22 managers or general partners. The exemption contained in
23 this item does not apply to the identity of a privately
24 held company within the investment portfolio of a private
25 equity fund, unless the disclosure of the identity of a
26 privately held company may cause competitive harm.
SB3722 Enrolled -8- LRB104 20597 KTG 34087 b
1 Nothing contained in this paragraph (g) shall be
2 construed to prevent a person or business from consenting
3 to disclosure.
4 (h) Proposals and bids for any contract, grant, or
5 agreement, including information which if it were
6 disclosed would frustrate procurement or give an advantage
7 to any person proposing to enter into a contractor
8 agreement with the body, until an award or final selection
9 is made. Information prepared by or for the body in
10 preparation of a bid solicitation shall be exempt until an
11 award or final selection is made.
12 (i) Valuable formulae, computer geographic systems,
13 designs, drawings, and research data obtained or produced
14 by any public body when disclosure could reasonably be
15 expected to produce private gain or public loss. The
16 exemption for "computer geographic systems" provided in
17 this paragraph (i) does not extend to requests made by
18 news media as defined in Section 2 of this Act when the
19 requested information is not otherwise exempt and the only
20 purpose of the request is to access and disseminate
21 information regarding the health, safety, welfare, or
22 legal rights of the general public.
23 (j) The following information pertaining to
24 educational matters:
25 (i) test questions, scoring keys, and other
26 examination data used to administer an academic
SB3722 Enrolled -9- LRB104 20597 KTG 34087 b
1 examination;
2 (ii) information received by a primary or
3 secondary school, college, or university under its
4 procedures for the evaluation of faculty members by
5 their academic peers;
6 (iii) information concerning a school or
7 university's adjudication of student disciplinary
8 cases, but only to the extent that disclosure would
9 unavoidably reveal the identity of the student; and
10 (iv) course materials or research materials used
11 by faculty members.
12 (k) Architects' plans, engineers' technical
13 submissions, and other construction related technical
14 documents for projects not constructed or developed in
15 whole or in part with public funds and the same for
16 projects constructed or developed with public funds,
17 including, but not limited to, power generating and
18 distribution stations and other transmission and
19 distribution facilities, water treatment facilities,
20 airport facilities, sport stadiums, convention centers,
21 and all government owned, operated, or occupied buildings,
22 but only to the extent that disclosure would compromise
23 security.
24 (l) Minutes of meetings of public bodies closed to the
25 public as provided in the Open Meetings Act until the
26 public body makes the minutes available to the public
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1 under Section 2.06 of the Open Meetings Act.
2 (m) Communications between a public body and an
3 attorney or auditor representing the public body that
4 would not be subject to discovery in litigation, and
5 materials prepared or compiled by or for a public body in
6 anticipation of a criminal, civil, or administrative
7 proceeding upon the request of an attorney advising the
8 public body, and materials prepared or compiled with
9 respect to internal audits of public bodies.
10 (n) Records relating to a public body's adjudication
11 of employee grievances or disciplinary cases; however,
12 this exemption shall not extend to the final outcome of
13 cases in which discipline is imposed.
14 (o) Administrative or technical information associated
15 with automated data processing operations, including, but
16 not limited to, software, operating protocols, computer
17 program abstracts, file layouts, source listings, object
18 modules, load modules, user guides, documentation
19 pertaining to all logical and physical design of
20 computerized systems, employee manuals, and any other
21 information that, if disclosed, would jeopardize the
22 security of the system or its data or the security of
23 materials exempt under this Section.
24 (p) Records relating to collective negotiating matters
25 between public bodies and their employees or
26 representatives, except that any final contract or
SB3722 Enrolled - 11 - LRB104 20597 KTG 34087 b
1 agreement shall be subject to inspection and copying.
2 (q) Test questions, scoring keys, and other
3 examination data used to determine the qualifications of
4 an applicant for a license or employment.
5 (r) The records, documents, and information relating
6 to real estate purchase negotiations until those
7 negotiations have been completed or otherwise terminated.
8 With regard to a parcel involved in a pending or actually
9 and reasonably contemplated eminent domain proceeding
10 under the Eminent Domain Act, records, documents, and
11 information relating to that parcel shall be exempt except
12 as may be allowed under discovery rules adopted by the
13 Illinois Supreme Court. The records, documents, and
14 information relating to a real estate sale shall be exempt
15 until a sale is consummated.
16 (s) Any and all proprietary information and records
17 related to the operation of an intergovernmental risk
18 management association or self-insurance pool or jointly
19 self-administered health and accident cooperative or pool.
20 Insurance or self-insurance (including any
21 intergovernmental risk management association or
22 self-insurance pool) claims, loss or risk management
23 information, records, data, advice, or communications.
24 (t) Information contained in or related to
25 examination, operating, or condition reports prepared by,
26 on behalf of, or for the use of a public body responsible
SB3722 Enrolled - 12 - LRB104 20597 KTG 34087 b
1 for the regulation or supervision of financial
2 institutions, insurance companies, or pharmacy benefit
3 managers, unless disclosure is otherwise required by State
4 law.
5 (u) Information that would disclose or might lead to
6 the disclosure of secret or confidential information,
7 codes, algorithms, programs, or private keys intended to
8 be used to create electronic signatures under the Uniform
9 Electronic Transactions Act.
10 (v) Vulnerability assessments, security measures, and
11 response policies or plans that are designed to identify,
12 prevent, or respond to potential attacks upon a
13 community's population or systems, facilities, or
14 installations, but only to the extent that disclosure
15 could reasonably be expected to expose the vulnerability
16 or jeopardize the effectiveness of the measures, policies,
17 or plans, or the safety of the personnel who implement
18 them or the public. Information exempt under this item may
19 include such things as details pertaining to the
20 mobilization or deployment of personnel or equipment, to
21 the operation of communication systems or protocols, to
22 cybersecurity vulnerabilities, or to tactical operations.
23 (w) (Blank).
24 (x) Maps and other records regarding the location or
25 security of generation, transmission, distribution,
26 storage, gathering, treatment, or switching facilities
SB3722 Enrolled - 13 - LRB104 20597 KTG 34087 b
1 owned by a utility, by a power generator, or by the
2 Illinois Power Agency.
3 (y) Information contained in or related to proposals,
4 bids, or negotiations related to electric power
5 procurement under Section 1-75 of the Illinois Power
6 Agency Act and Section 16-111.5 of the Public Utilities
7 Act that is determined to be confidential and proprietary
8 by the Illinois Power Agency or by the Illinois Commerce
9 Commission.
10 (z) Information about students exempted from
11 disclosure under Section 10-20.38 or 34-18.29 of the
12 School Code, and information about undergraduate students
13 enrolled at an institution of higher education exempted
14 from disclosure under Section 25 of the Illinois Credit
15 Card Marketing Act of 2009.
16 (aa) Information the disclosure of which is exempted
17 under the Viatical Settlements Act of 2009.
18 (bb) Records and information provided to a mortality
19 review team and records maintained by a mortality review
20 team appointed under the Department of Juvenile Justice
21 Mortality Review Team Act.
22 (cc) Information regarding interments, entombments, or
23 inurnments of human remains that are submitted to the
24 Cemetery Oversight Database under the Cemetery Care Act or
25 the Cemetery Oversight Act, whichever is applicable.
26 (dd) Correspondence and records (i) that may not be
SB3722 Enrolled - 14 - LRB104 20597 KTG 34087 b
1 disclosed under Section 11-9 of the Illinois Public Aid
2 Code or (ii) that pertain to appeals under Section 11-8 of
3 the Illinois Public Aid Code.
4 (ee) The names, addresses, or other personal
5 information of persons who are minors and are also
6 participants and registrants in programs of park
7 districts, forest preserve districts, conservation
8 districts, recreation agencies, and special recreation
9 associations.
10 (ff) The names, addresses, or other personal
11 information of participants and registrants in programs of
12 park districts, forest preserve districts, conservation
13 districts, recreation agencies, and special recreation
14 associations where such programs are targeted primarily to
15 minors.
16 (gg) Confidential information described in Section
17 1-100 of the Illinois Independent Tax Tribunal Act of
18 2012.
19 (hh) The report submitted to the State Board of
20 Education by the School Security and Standards Task Force
21 under item (8) of subsection (d) of Section 2-3.160 of the
22 School Code and any information contained in that report.
23 (ii) Records requested by persons committed to or
24 detained by the Department of Human Services under the
25 Sexually Violent Persons Commitment Act or committed to
26 the Department of Corrections under the Sexually Dangerous
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1 Persons Act if those materials: (i) are available in the
2 library of the facility where the individual is confined;
3 (ii) include records from staff members' personnel files,
4 staff rosters, or other staffing assignment information;
5 or (iii) are available through an administrative request
6 to the Department of Human Services or the Department of
7 Corrections.
8 (jj) Confidential information described in Section
9 5-535 of the Civil Administrative Code of Illinois.
10 (kk) The public body's credit card numbers, debit card
11 numbers, bank account numbers, Federal Employer
12 Identification Number, security code numbers, passwords,
13 and similar account information, the disclosure of which
14 could result in identity theft or impression or defrauding
15 of a governmental entity or a person.
16 (ll) Records concerning the work of the threat
17 assessment team of a school district, including, but not
18 limited to, any threat assessment procedure under the
19 School Safety Drill Act and any information contained in
20 the procedure.
21 (mm) Information prohibited from being disclosed under
22 subsections (a) and (b) of Section 15 of the Student
23 Confidential Reporting Act.
24 (nn) Proprietary information submitted to the
25 Environmental Protection Agency under the Drug Take-Back
26 Act.
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1 (oo) Records described in subsection (f) of Section
2 3-5-1 of the Unified Code of Corrections.
3 (pp) Any and all information regarding burials,
4 interments, or entombments of human remains as required to
5 be reported to the Department of Natural Resources
6 pursuant either to the Archaeological and Paleontological
7 Resources Protection Act or the Human Remains Protection
8 Act.
9 (qq) Reports described in subsection (e) of Section
10 16-15 of the Abortion Care Clinical Training Program Act.
11 (rr) Information obtained by a certified local health
12 department under the Access to Public Health Data Act.
13 (ss) For a request directed to a public body that is
14 also a HIPAA-covered entity, all information that is
15 protected health information, including demographic
16 information, that may be contained within or extracted
17 from any record held by the public body in compliance with
18 State and federal medical privacy laws and regulations,
19 including, but not limited to, the Health Insurance
20 Portability and Accountability Act and its regulations, 45
21 CFR Parts 160 and 164. As used in this paragraph,
22 "HIPAA-covered entity" has the meaning given to the term
23 "covered entity" in 45 CFR 160.103 and "protected health
24 information" has the meaning given to that term in 45 CFR
25 160.103.
26 (tt) Proposals or bids submitted by engineering
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1 consultants in response to requests for proposal or other
2 competitive bidding requests by the Department of
3 Transportation or the Illinois Toll Highway Authority.
4 (uu) Documents that, pursuant to the State of
5 Illinois' 1987 Agreement with the U.S. Nuclear Regulatory
6 Commission and the corresponding requirement to maintain
7 compatibility with the National Materials Program, have
8 been determined to be security sensitive. These documents
9 include information classified as safeguards,
10 safeguards-modified, and sensitive unclassified
11 nonsafeguards information, as identified in U.S. Nuclear
12 Regulatory Commission regulatory information summaries,
13 security advisories, and other applicable communications
14 or regulations related to the control and distribution of
15 security sensitive information.
16 (1.5) Any information exempt from disclosure under the
17 Judicial Privacy Act shall be redacted from public records
18 prior to disclosure under this Act.
19 (1.6) Any information exempt from disclosure under the
20 Public Official Safety and Privacy Act shall be redacted from
21 public records prior to disclosure under this Act.
22 (1.7) Any information exempt from disclosure under
23 paragraph (3.5) of Section 9-15 of the Election Code shall be
24 redacted from public records prior to disclosure under this
25 Act.
26 (2) A public record that is not in the possession of a
SB3722 Enrolled - 18 - LRB104 20597 KTG 34087 b
1 public body but is in the possession of a party with whom the
2 agency has contracted to perform a governmental function on
3 behalf of the public body, and that directly relates to the
4 governmental function and is not otherwise exempt under this
5 Act, shall be considered a public record of the public body,
6 for purposes of this Act.
7 (3) This Section does not authorize withholding of
8 information or limit the availability of records to the
9 public, except as stated in this Section or otherwise provided
10 in this Act.
11 (Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;
12 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.
13 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,
14 eff. 1-1-25; 104-438, eff. 1-1-26; 104-443, eff. 1-1-26;
15 revised 1-7-26.)
16 (Text of Section after amendment by P.A. 104-300)
17 Sec. 7. Exemptions.
18 (1) When a request is made to inspect or copy a public
19 record that contains information that is exempt from
20 disclosure under this Section, but also contains information
21 that is not exempt from disclosure, the public body may elect
22 to redact the information that is exempt. The public body
23 shall make the remaining information available for inspection
24 and copying. Subject to this requirement, the following shall
25 be exempt from inspection and copying:
SB3722 Enrolled - 19 - LRB104 20597 KTG 34087 b
1 (a) Records created or compiled by a State public
2 defender agency or commission subject to the State Public
3 Defender Act that contain: individual client identity;
4 individual case file information; individual investigation
5 records and other records that are otherwise subject to
6 attorney-client privilege; records that would not be
7 discoverable in litigation; records under Section 2.15;
8 training materials; records related to attorney
9 consultation and representation strategy; or any of the
10 above concerning clients of county public defenders or
11 other defender agencies and firms. This exclusion does not
12 apply to deidentified, aggregated, administrative records,
13 such as general case processing and workload information.
14 (a-5) Information specifically prohibited from
15 disclosure by federal or State law or rules and
16 regulations implementing federal or State law.
17 (b) Private information, unless disclosure is required
18 by another provision of this Act, a State or federal law,
19 or a court order.
20 (b-5) Files, documents, and other data or databases
21 maintained by one or more law enforcement agencies and
22 specifically designed to provide information to one or
23 more law enforcement agencies regarding the physical or
24 mental status of one or more individual subjects.
25 (c) Personal information contained within public
26 records, the disclosure of which would constitute a
SB3722 Enrolled - 20 - LRB104 20597 KTG 34087 b
1 clearly unwarranted invasion of personal privacy, unless
2 the disclosure is consented to in writing by the
3 individual subjects of the information. "Unwarranted
4 invasion of personal privacy" means the disclosure of
5 information that is highly personal or objectionable to a
6 reasonable person and in which the subject's right to
7 privacy outweighs any legitimate public interest in
8 obtaining the information. The disclosure of information
9 that bears on the public duties of public employees and
10 officials shall not be considered an invasion of personal
11 privacy.
12 (d) Records in the possession of any public body
13 created in the course of administrative enforcement
14 proceedings, and any law enforcement or correctional
15 agency for law enforcement purposes, but only to the
16 extent that disclosure would:
17 (i) interfere with pending or actually and
18 reasonably contemplated law enforcement proceedings
19 conducted by any law enforcement or correctional
20 agency that is the recipient of the request;
21 (ii) interfere with active administrative
22 enforcement proceedings conducted by the public body
23 that is the recipient of the request;
24 (iii) create a substantial likelihood that a
25 person will be deprived of a fair trial or an impartial
26 hearing;
SB3722 Enrolled - 21 - LRB104 20597 KTG 34087 b
1 (iv) unavoidably disclose the identity of a
2 confidential source, confidential information
3 furnished only by the confidential source, or persons
4 who file complaints with or provide information to
5 administrative, investigative, law enforcement, or
6 penal agencies; except that the identities of
7 witnesses to traffic crashes, traffic crash reports,
8 and rescue reports shall be provided by agencies of
9 local government, except when disclosure would
10 interfere with an active criminal investigation
11 conducted by the agency that is the recipient of the
12 request;
13 (v) disclose unique or specialized investigative
14 techniques other than those generally used and known
15 or disclose internal documents of correctional
16 agencies related to detection, observation, or
17 investigation of incidents of crime or misconduct, and
18 disclosure would result in demonstrable harm to the
19 agency or public body that is the recipient of the
20 request;
21 (vi) endanger the life or physical safety of law
22 enforcement personnel or any other person; or
23 (vii) obstruct an ongoing criminal investigation
24 by the agency that is the recipient of the request.
25 (d-5) A law enforcement record created for law
26 enforcement purposes and contained in a shared electronic
SB3722 Enrolled - 22 - LRB104 20597 KTG 34087 b
1 record management system if the law enforcement agency or
2 criminal justice agency that is the recipient of the
3 request did not create the record, did not participate in
4 or have a role in any of the events which are the subject
5 of the record, and only has access to the record through
6 the shared electronic record management system. As used in
7 this subsection (d-5), "criminal justice agency" means the
8 Illinois Criminal Justice Information Authority or the
9 Illinois Sentencing Policy Advisory Council.
10 (d-6) Records contained in the Officer Professional
11 Conduct Database under Section 9.2 of the Illinois Police
12 Training Act, except to the extent authorized under that
13 Section. This includes the documents supplied to the
14 Illinois Law Enforcement Training Standards Board from the
15 Illinois State Police and Illinois State Police Merit
16 Board.
17 (d-7) Information gathered or records created from the
18 use of automatic license plate readers in connection with
19 Section 2-130 of the Illinois Vehicle Code.
20 (e) Records that relate to or affect the security of
21 correctional institutions and detention facilities.
22 (e-5) Records requested by persons committed to the
23 Department of Corrections, Department of Human Services
24 Division of Mental Health, or a county jail if those
25 materials are available in the library of the correctional
26 institution or facility or jail where the inmate is
SB3722 Enrolled - 23 - LRB104 20597 KTG 34087 b
1 confined.
2 (e-6) Records requested by persons committed to the
3 Department of Corrections, Department of Human Services
4 Division of Mental Health, or a county jail if those
5 materials include records from staff members' personnel
6 files, staff rosters, or other staffing assignment
7 information.
8 (e-7) Records requested by persons committed to the
9 Department of Corrections or Department of Human Services
10 Division of Mental Health if those materials are available
11 through an administrative request to the Department of
12 Corrections or Department of Human Services Division of
13 Mental Health.
14 (e-8) Records requested by a person committed to the
15 Department of Corrections, Department of Human Services
16 Division of Mental Health, or a county jail, the
17 disclosure of which would result in the risk of harm to any
18 person or the risk of an escape from a jail or correctional
19 institution or facility.
20 (e-9) Records requested by a person in a county jail
21 or committed to the Department of Corrections or
22 Department of Human Services Division of Mental Health,
23 containing personal information pertaining to the person's
24 victim or the victim's family, including, but not limited
25 to, a victim's home address, home telephone number, work
26 or school address, work telephone number, social security
SB3722 Enrolled - 24 - LRB104 20597 KTG 34087 b
1 number, or any other identifying information, except as
2 may be relevant to a requester's current or potential case
3 or claim.
4 (e-10) Law enforcement records of other persons
5 requested by a person committed to the Department of
6 Corrections, Department of Human Services Division of
7 Mental Health, or a county jail, including, but not
8 limited to, arrest and booking records, mug shots, and
9 crime scene photographs, except as these records may be
10 relevant to the requester's current or potential case or
11 claim.
12 (f) Preliminary drafts, notes, recommendations,
13 memoranda, and other records in which opinions are
14 expressed, or policies or actions are formulated, except
15 that a specific record or relevant portion of a record
16 shall not be exempt when the record is publicly cited and
17 identified by the head of the public body. The exemption
18 provided in this paragraph (f) extends to all those
19 records of officers and agencies of the General Assembly
20 that pertain to the preparation of legislative documents.
21 (g) Trade secrets and commercial or financial
22 information obtained from a person or business where the
23 trade secrets or commercial or financial information are
24 furnished under a claim that they are proprietary,
25 privileged, or confidential, and that disclosure of the
26 trade secrets or commercial or financial information would
SB3722 Enrolled - 25 - LRB104 20597 KTG 34087 b
1 cause competitive harm to the person or business, and only
2 insofar as the claim directly applies to the records
3 requested.
4 The information included under this exemption includes
5 all trade secrets and commercial or financial information
6 obtained by a public body, including a public pension
7 fund, from a private equity fund or a privately held
8 company within the investment portfolio of a private
9 equity fund as a result of either investing or evaluating
10 a potential investment of public funds in a private equity
11 fund. The exemption contained in this item does not apply
12 to the aggregate financial performance information of a
13 private equity fund, nor to the identity of the fund's
14 managers or general partners. The exemption contained in
15 this item does not apply to the identity of a privately
16 held company within the investment portfolio of a private
17 equity fund, unless the disclosure of the identity of a
18 privately held company may cause competitive harm.
19 Nothing contained in this paragraph (g) shall be
20 construed to prevent a person or business from consenting
21 to disclosure.
22 (h) Proposals and bids for any contract, grant, or
23 agreement, including information which if it were
24 disclosed would frustrate procurement or give an advantage
25 to any person proposing to enter into a contractor
26 agreement with the body, until an award or final selection
SB3722 Enrolled - 26 - LRB104 20597 KTG 34087 b
1 is made. Information prepared by or for the body in
2 preparation of a bid solicitation shall be exempt until an
3 award or final selection is made.
4 (i) Valuable formulae, computer geographic systems,
5 designs, drawings, and research data obtained or produced
6 by any public body when disclosure could reasonably be
7 expected to produce private gain or public loss. The
8 exemption for "computer geographic systems" provided in
9 this paragraph (i) does not extend to requests made by
10 news media as defined in Section 2 of this Act when the
11 requested information is not otherwise exempt and the only
12 purpose of the request is to access and disseminate
13 information regarding the health, safety, welfare, or
14 legal rights of the general public.
15 (j) The following information pertaining to
16 educational matters:
17 (i) test questions, scoring keys, and other
18 examination data used to administer an academic
19 examination;
20 (ii) information received by a primary or
21 secondary school, college, or university under its
22 procedures for the evaluation of faculty members by
23 their academic peers;
24 (iii) information concerning a school or
25 university's adjudication of student disciplinary
26 cases, but only to the extent that disclosure would
SB3722 Enrolled - 27 - LRB104 20597 KTG 34087 b
1 unavoidably reveal the identity of the student; and
2 (iv) course materials or research materials used
3 by faculty members.
4 (k) Architects' plans, engineers' technical
5 submissions, and other construction related technical
6 documents for projects not constructed or developed in
7 whole or in part with public funds and the same for
8 projects constructed or developed with public funds,
9 including, but not limited to, power generating and
10 distribution stations and other transmission and
11 distribution facilities, water treatment facilities,
12 airport facilities, sport stadiums, convention centers,
13 and all government owned, operated, or occupied buildings,
14 but only to the extent that disclosure would compromise
15 security.
16 (l) Minutes of meetings of public bodies closed to the
17 public as provided in the Open Meetings Act until the
18 public body makes the minutes available to the public
19 under Section 2.06 of the Open Meetings Act.
20 (m) Communications between a public body and an
21 attorney or auditor representing the public body that
22 would not be subject to discovery in litigation, and
23 materials prepared or compiled by or for a public body in
24 anticipation of a criminal, civil, or administrative
25 proceeding upon the request of an attorney advising the
26 public body, and materials prepared or compiled with
SB3722 Enrolled - 28 - LRB104 20597 KTG 34087 b
1 respect to internal audits of public bodies.
2 (n) Records relating to a public body's adjudication
3 of employee grievances or disciplinary cases; however,
4 this exemption shall not extend to the final outcome of
5 cases in which discipline is imposed.
6 (o) Administrative or technical information associated
7 with automated data processing operations, including, but
8 not limited to, software, operating protocols, computer
9 program abstracts, file layouts, source listings, object
10 modules, load modules, user guides, documentation
11 pertaining to all logical and physical design of
12 computerized systems, employee manuals, and any other
13 information that, if disclosed, would jeopardize the
14 security of the system or its data or the security of
15 materials exempt under this Section.
16 (p) Records relating to collective negotiating matters
17 between public bodies and their employees or
18 representatives, except that any final contract or
19 agreement shall be subject to inspection and copying.
20 (q) Test questions, scoring keys, and other
21 examination data used to determine the qualifications of
22 an applicant for a license or employment.
23 (r) The records, documents, and information relating
24 to real estate purchase negotiations until those
25 negotiations have been completed or otherwise terminated.
26 With regard to a parcel involved in a pending or actually
SB3722 Enrolled - 29 - LRB104 20597 KTG 34087 b
1 and reasonably contemplated eminent domain proceeding
2 under the Eminent Domain Act, records, documents, and
3 information relating to that parcel shall be exempt except
4 as may be allowed under discovery rules adopted by the
5 Illinois Supreme Court. The records, documents, and
6 information relating to a real estate sale shall be exempt
7 until a sale is consummated.
8 (s) Any and all proprietary information and records
9 related to the operation of an intergovernmental risk
10 management association or self-insurance pool or jointly
11 self-administered health and accident cooperative or pool.
12 Insurance or self-insurance (including any
13 intergovernmental risk management association or
14 self-insurance pool) claims, loss or risk management
15 information, records, data, advice, or communications.
16 (t) Information contained in or related to
17 examination, operating, or condition reports prepared by,
18 on behalf of, or for the use of a public body responsible
19 for the regulation or supervision of financial
20 institutions, insurance companies, or pharmacy benefit
21 managers, unless disclosure is otherwise required by State
22 law.
23 (u) Information that would disclose or might lead to
24 the disclosure of secret or confidential information,
25 codes, algorithms, programs, or private keys intended to
26 be used to create electronic signatures under the Uniform
SB3722 Enrolled - 30 - LRB104 20597 KTG 34087 b
1 Electronic Transactions Act.
2 (v) Vulnerability assessments, security measures, and
3 response policies or plans that are designed to identify,
4 prevent, or respond to potential attacks upon a
5 community's population or systems, facilities, or
6 installations, but only to the extent that disclosure
7 could reasonably be expected to expose the vulnerability
8 or jeopardize the effectiveness of the measures, policies,
9 or plans, or the safety of the personnel who implement
10 them or the public. Information exempt under this item may
11 include such things as details pertaining to the
12 mobilization or deployment of personnel or equipment, to
13 the operation of communication systems or protocols, to
14 cybersecurity vulnerabilities, or to tactical operations.
15 (w) (Blank).
16 (x) Maps and other records regarding the location or
17 security of generation, transmission, distribution,
18 storage, gathering, treatment, or switching facilities
19 owned by a utility, by a power generator, or by the
20 Illinois Power Agency.
21 (y) Information contained in or related to proposals,
22 bids, or negotiations related to electric power
23 procurement under Section 1-75 of the Illinois Power
24 Agency Act and Section 16-111.5 of the Public Utilities
25 Act that is determined to be confidential and proprietary
26 by the Illinois Power Agency or by the Illinois Commerce
SB3722 Enrolled - 31 - LRB104 20597 KTG 34087 b
1 Commission.
2 (z) Information about students exempted from
3 disclosure under Section 10-20.38 or 34-18.29 of the
4 School Code, and information about undergraduate students
5 enrolled at an institution of higher education exempted
6 from disclosure under Section 25 of the Illinois Credit
7 Card Marketing Act of 2009.
8 (aa) Information the disclosure of which is exempted
9 under the Viatical Settlements Act of 2009.
10 (bb) Records and information provided to a mortality
11 review team and records maintained by a mortality review
12 team appointed under the Department of Juvenile Justice
13 Mortality Review Team Act.
14 (cc) Information regarding interments, entombments, or
15 inurnments of human remains that are submitted to the
16 Cemetery Oversight Database under the Cemetery Care Act or
17 the Cemetery Oversight Act, whichever is applicable.
18 (dd) Correspondence and records (i) that may not be
19 disclosed under Section 11-9 of the Illinois Public Aid
20 Code or (ii) that pertain to appeals under Section 11-8 of
21 the Illinois Public Aid Code.
22 (ee) The names, addresses, or other personal
23 information of persons who are minors and are also
24 participants and registrants in programs of park
25 districts, forest preserve districts, conservation
26 districts, recreation agencies, and special recreation
SB3722 Enrolled - 32 - LRB104 20597 KTG 34087 b
1 associations.
2 (ff) The names, addresses, or other personal
3 information of participants and registrants in programs of
4 park districts, forest preserve districts, conservation
5 districts, recreation agencies, and special recreation
6 associations where such programs are targeted primarily to
7 minors.
8 (gg) Confidential information described in Section
9 1-100 of the Illinois Independent Tax Tribunal Act of
10 2012.
11 (hh) The report submitted to the State Board of
12 Education by the School Security and Standards Task Force
13 under item (8) of subsection (d) of Section 2-3.160 of the
14 School Code and any information contained in that report.
15 (ii) Records requested by persons committed to or
16 detained by the Department of Human Services under the
17 Sexually Violent Persons Commitment Act or committed to
18 the Department of Corrections under the Sexually Dangerous
19 Persons Act if those materials: (i) are available in the
20 library of the facility where the individual is confined;
21 (ii) include records from staff members' personnel files,
22 staff rosters, or other staffing assignment information;
23 or (iii) are available through an administrative request
24 to the Department of Human Services or the Department of
25 Corrections.
26 (jj) Confidential information described in Section
SB3722 Enrolled - 33 - LRB104 20597 KTG 34087 b
1 5-535 of the Civil Administrative Code of Illinois.
2 (kk) The public body's credit card numbers, debit card
3 numbers, bank account numbers, Federal Employer
4 Identification Number, security code numbers, passwords,
5 and similar account information, the disclosure of which
6 could result in identity theft or impression or defrauding
7 of a governmental entity or a person.
8 (ll) Records concerning the work of the threat
9 assessment team of a school district, including, but not
10 limited to, any threat assessment procedure under the
11 School Safety Drill Act and any information contained in
12 the procedure.
13 (mm) Information prohibited from being disclosed under
14 subsections (a) and (b) of Section 15 of the Student
15 Confidential Reporting Act.
16 (nn) Proprietary information submitted to the
17 Environmental Protection Agency under the Drug Take-Back
18 Act.
19 (oo) Records described in subsection (f) of Section
20 3-5-1 of the Unified Code of Corrections.
21 (pp) Any and all information regarding burials,
22 interments, or entombments of human remains as required to
23 be reported to the Department of Natural Resources
24 pursuant either to the Archaeological and Paleontological
25 Resources Protection Act or the Human Remains Protection
26 Act.
SB3722 Enrolled - 34 - LRB104 20597 KTG 34087 b
1 (qq) Reports described in subsection (e) of Section
2 16-15 of the Abortion Care Clinical Training Program Act.
3 (rr) Information obtained by a certified local health
4 department under the Access to Public Health Data Act.
5 (ss) For a request directed to a public body that is
6 also a HIPAA-covered entity, all information that is
7 protected health information, including demographic
8 information, that may be contained within or extracted
9 from any record held by the public body in compliance with
10 State and federal medical privacy laws and regulations,
11 including, but not limited to, the Health Insurance
12 Portability and Accountability Act and its regulations, 45
13 CFR Parts 160 and 164. As used in this paragraph,
14 "HIPAA-covered entity" has the meaning given to the term
15 "covered entity" in 45 CFR 160.103 and "protected health
16 information" has the meaning given to that term in 45 CFR
17 160.103.
18 (tt) Proposals or bids submitted by engineering
19 consultants in response to requests for proposal or other
20 competitive bidding requests by the Department of
21 Transportation or the Illinois Toll Highway Authority.
22 (uu) Documents that, pursuant to the State of
23 Illinois' 1987 Agreement with the U.S. Nuclear Regulatory
24 Commission and the corresponding requirement to maintain
25 compatibility with the National Materials Program, have
26 been determined to be security sensitive. These documents
SB3722 Enrolled - 35 - LRB104 20597 KTG 34087 b
1 include information classified as safeguards,
2 safeguards-modified, and sensitive unclassified
3 nonsafeguards information, as identified in U.S. Nuclear
4 Regulatory Commission regulatory information summaries,
5 security advisories, and other applicable communications
6 or regulations related to the control and distribution of
7 security sensitive information.
8 (1.5) Any information exempt from disclosure under the
9 Judicial Privacy Act shall be redacted from public records
10 prior to disclosure under this Act.
11 (1.6) Any information exempt from disclosure under the
12 Public Official Safety and Privacy Act shall be redacted from
13 public records prior to disclosure under this Act.
14 (1.7) Any information exempt from disclosure under
15 paragraph (3.5) of Section 9-15 of the Election Code shall be
16 redacted from public records prior to disclosure under this
17 Act.
18 (2) A public record that is not in the possession of a
19 public body but is in the possession of a party with whom the
20 agency has contracted to perform a governmental function on
21 behalf of the public body, and that directly relates to the
22 governmental function and is not otherwise exempt under this
23 Act, shall be considered a public record of the public body,
24 for purposes of this Act.
25 (3) This Section does not authorize withholding of
26 information or limit the availability of records to the
SB3722 Enrolled - 36 - LRB104 20597 KTG 34087 b
1 public, except as stated in this Section or otherwise provided
2 in this Act.
3 (Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;
4 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.
5 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,
6 eff. 1-1-25; 104-300, eff. 1-1-27; 104-438, eff. 1-1-26;
7 104-443, eff. 1-1-26; revised 1-7-26.)
8 Section 10. The Youth Homelessness Prevention Subcommittee
9 Act is amended by changing Sections 5 and 15 as follows:
10 (15 ILCS 60/5)
11 Sec. 5. Legislative findings. The General Assembly finds
12 that 1 in 10 young people ages 18-25 experience a form of
13 homelessness over a 12-month period. Also 1 in 30 youths ages
14 13-17 experience a form of homelessness over a 12-month
15 period. Homelessness disproportionately impacts
16 African-American youth and mirrors the racial disparities in
17 school suspensions, incarceration rates, and foster care
18 placement. Youth who have interacted with State systems of
19 care, such as the Department of Children and Family Services,
20 the Department of Juvenile Justice, the Department of Human
21 Services Services' Division of Mental Health, and the
22 Department of Corrections, and youth who have been
23 hospitalized for mental health problems are disproportionately
24 overrepresented in the population of people experiencing
SB3722 Enrolled - 37 - LRB104 20597 KTG 34087 b
1 homelessness. The U.S. Department of Education classifies
2 youth living "doubled up" as homeless. "Doubled up" is a term
3 that refers to a situation where individuals are unable to
4 maintain their own housing situation and are forced to stay
5 with a series of friends or extended family members. The
6 individual has no right or authority over the housing. The
7 "homes" of such individuals are often unstable, not permanent,
8 and can be as dangerous as living on the streets. As a result,
9 doubled up housing situations are potentially detrimental to
10 the health and well-being of these homeless youth. A study
11 conducted by the U.S. Bureau of Justice Statistics found that
12 12% of prisoners were homeless at the time of their arrest.
13 Similarly, a national survey of jail inmates concluded that
14 more than 15% of the jail population had been homeless at some
15 point in the preceding year, a rate 8 to 11 times the national
16 average. Illinois needs a cohesive strategy across our child
17 welfare, mental health, corrections, and human services
18 agencies that is designed to reduce the rates of homelessness
19 among youth and to lessen the likelihood of youth experiencing
20 chronic homelessness into adulthood.
21 (Source: P.A. 101-98, eff. 1-1-20.)
22 (15 ILCS 60/15)
23 Sec. 15. Duties. The Youth Homelessness Prevention
24 Subcommittee shall:
25 (1) Review the discharge planning, service plans, and
SB3722 Enrolled - 38 - LRB104 20597 KTG 34087 b
1 discharge procedures for youth leaving the custody or
2 guardianship of the Department of Children and Family
3 Services, the Department of Juvenile Justice, the
4 Department of Human Services Services' Division of Mental
5 Health, and the Department of Corrections to determine
6 whether such discharge planning and procedures ensure
7 housing stability for youth leaving State systems of care.
8 (2) Collect data on the housing stability of youth for
9 one year after they are released from the custody or
10 guardianship of the Department of Children and Family
11 Services, the Department of Juvenile Justice, the
12 Department of Human Services Services' Division of Mental
13 Health, or the Department of Corrections.
14 (3) Based on data collected under paragraph (2)
15 regarding youth experiencing homelessness after leaving
16 State systems of care, create a plan to improve discharge
17 policies and procedures to ensure housing stability for
18 youth leaving State systems of care.
19 (4) Provide recommendations on community plans for
20 sustainable housing; create education and employment plans
21 for homeless youth; and create strategic collaborations
22 between the Department of Children and Family Services,
23 the Department of Juvenile Justice, the Department of
24 Human Services Services' Division of Mental Health, and
25 the Department of Corrections with respect to youth
26 leaving State systems of care.
SB3722 Enrolled - 39 - LRB104 20597 KTG 34087 b
1 (Source: P.A. 101-98, eff. 1-1-20.)
2 Section 15. The Substance Use Disorder Act is amended by
3 changing Sections 1-10, 50-10, and 55-30 as follows:
4 (20 ILCS 301/1-10)
5 Sec. 1-10. Definitions. As used in this Act, unless the
6 context clearly indicates otherwise, the following words and
7 terms have the following meanings:
8 "Case management" means a coordinated approach to the
9 delivery of health and medical treatment, substance use
10 disorder treatment, mental health treatment, and social
11 services, linking patients with appropriate services to
12 address specific needs and achieve stated goals. In general,
13 case management assists patients with other disorders and
14 conditions that require multiple services over extended
15 periods of time and who face difficulty in gaining access to
16 those services.
17 "Crime of violence" means any of the following crimes:
18 murder, voluntary manslaughter, criminal sexual assault,
19 aggravated criminal sexual assault, predatory criminal sexual
20 assault of a child, armed robbery, robbery, arson, kidnapping,
21 aggravated battery, aggravated arson, or any other felony that
22 involves the use or threat of physical force or violence
23 against another individual.
24 "Department" means the Department of Human Services.
SB3722 Enrolled - 40 - LRB104 20597 KTG 34087 b
1 "DUI" means driving under the influence of alcohol or
2 other drugs.
3 "Designated program" means a category of service
4 authorized by an intervention license issued by the Department
5 for delivery of all services as described in Article 40 in this
6 Act.
7 "Early intervention" means services, authorized by a
8 treatment license, that are sub-clinical and pre-diagnostic
9 and that are designed to screen, identify, and address risk
10 factors that may be related to problems associated with
11 substance use disorders and to assist individuals in
12 recognizing harmful consequences. Early intervention services
13 facilitate emotional and social stability and involves
14 referrals for treatment, as needed.
15 "Facility" means the building or premises are used for the
16 provision of licensable services, including support services,
17 as set forth by rule.
18 "Gambling disorder" means persistent and recurring
19 maladaptive gambling behavior that disrupts personal, family,
20 or vocational pursuits.
21 "Holds itself out" means any activity that would lead one
22 to reasonably conclude that the individual or entity provides
23 or intends to provide licensable substance-related disorder
24 intervention or treatment services. Such activities include,
25 but are not limited to, advertisements, notices, statements,
26 or contractual arrangements with managed care organizations,
SB3722 Enrolled - 41 - LRB104 20597 KTG 34087 b
1 private health insurance, or employee assistance programs to
2 provide services that require a license as specified in
3 Article 15.
4 "Informed consent" means legally valid written consent,
5 given by a client, patient, or legal guardian, that authorizes
6 intervention or treatment services from a licensed
7 organization and that documents agreement to participate in
8 those services and knowledge of the consequences of withdrawal
9 from such services. Informed consent also acknowledges the
10 client's or patient's right to a conflict-free choice of
11 services from any licensed organization and the potential
12 risks and benefits of selected services.
13 "Intoxicated person" means a person whose mental or
14 physical functioning is substantially impaired as a result of
15 the current effects of alcohol or other drugs within the body.
16 "Medication assisted treatment" means the prescription of
17 medications that are approved by the U.S. Food and Drug
18 Administration and the Center for Substance Abuse Treatment to
19 assist with treatment for a substance use disorder and to
20 support recovery for individuals receiving services in a
21 facility licensed by the Department. Medication assisted
22 treatment includes opioid treatment services as authorized by
23 a Department license.
24 "Off-site services" means licensable services are
25 conducted at a location separate from the licensed location of
26 the provider, and services are operated by an entity licensed
SB3722 Enrolled - 42 - LRB104 20597 KTG 34087 b
1 under this Act and approved in advance by the Department.
2 "Person" means any individual, firm, group, association,
3 partnership, corporation, trust, government or governmental
4 subdivision or agency.
5 "Prevention" means an interactive process of individuals,
6 families, schools, religious organizations, communities and
7 regional, state and national organizations whose goals are to
8 reduce the prevalence of substance use disorders, prevent the
9 use of illegal drugs and the abuse of legal drugs by persons of
10 all ages, prevent the use of alcohol by minors, build the
11 capacities of individuals and systems, and promote healthy
12 environments, lifestyles, and behaviors.
13 "Recovery" means a process of change through which
14 individuals improve their health and wellness, live a
15 self-directed life, and reach their full potential.
16 "Recovery support" means services designed to support
17 individual recovery from a substance use disorder that may be
18 delivered pre-treatment, during treatment, or post treatment.
19 These services may be delivered in a wide variety of settings
20 for the purpose of supporting the individual in meeting his or
21 her recovery support goals.
22 "Secretary" means the Secretary of the Department of Human
23 Services or the Secretary's his or her designee.
24 "Substance use disorder" means a spectrum of persistent
25 and recurring problematic behavior that encompasses 10
26 separate classes of drugs: alcohol; caffeine; cannabis;
SB3722 Enrolled - 43 - LRB104 20597 KTG 34087 b
1 hallucinogens; inhalants; opioids; sedatives, hypnotics and
2 anxiolytics; stimulants; and tobacco; and other unknown
3 substances leading to clinically significant impairment or
4 distress.
5 "Treatment" means the broad range of emergency,
6 outpatient, and residential care (including assessment,
7 diagnosis, case management, treatment, and recovery support
8 planning) may be extended to individuals with substance use
9 disorders or to the families of those persons.
10 "Withdrawal management" means services designed to manage
11 intoxication or withdrawal episodes (previously referred to as
12 detoxification), interrupt the momentum of habitual,
13 compulsive substance use and begin the initial engagement in
14 medically necessary substance use disorder treatment.
15 Withdrawal management allows patients to safely withdraw from
16 substances in a controlled medically-structured environment.
17 (Source: P.A. 100-759, eff. 1-1-19.)
18 (20 ILCS 301/50-10)
19 Sec. 50-10. Alcoholism and Substance Use Disorder Abuse
20 Fund. Monies received from the federal government, except
21 monies received under the Block Grant for the prevention
22 Prevention and treatment Treatment of substance use disorder
23 Alcoholism and Substance Abuse, and other gifts or grants made
24 by any person or other organization or State entity to the fund
25 shall be deposited into the Substance Use Disorder Alcoholism
SB3722 Enrolled - 44 - LRB104 20597 KTG 34087 b
1 and Substance Abuse Fund which is hereby created as a special
2 fund in the State treasury. Monies in this fund shall be
3 appropriated to the Department and expended for the purposes
4 and activities specified by the person, organization or
5 federal agency making the gift or grant.
6 (Source: P.A. 100-759, eff. 1-1-19.)
7 (20 ILCS 301/55-30)
8 Sec. 55-30. Rate increase.
9 (a) The Department shall by rule develop the increased
10 rate methodology and annualize the increased rate beginning
11 with State fiscal year 2018 contracts to licensed providers of
12 community-based substance use disorder intervention or
13 treatment, based on the additional amounts appropriated for
14 the purpose of providing a rate increase to licensed
15 providers. The Department shall adopt rules, including
16 emergency rules under subsection (y) of Section 5-45 of the
17 Illinois Administrative Procedure Act, to implement the
18 provisions of this Section.
19 (b) (Blank).
20 (c) Beginning on July 1, 2022, the Department Division of
21 Substance Use Prevention and Recovery shall increase
22 reimbursement rates for all community-based substance use
23 disorder treatment and intervention services by 47%,
24 including, but not limited to, all of the following:
25 (1) Admission and Discharge Assessment.
SB3722 Enrolled - 45 - LRB104 20597 KTG 34087 b
1 (2) Level 1 (Individual).
2 (3) Level 1 (Group).
3 (4) Level 2 (Individual).
4 (5) Level 2 (Group).
5 (6) Case Management.
6 (7) Psychiatric Evaluation.
7 (8) Medication Assisted Recovery.
8 (9) Community Intervention.
9 (10) Early Intervention (Individual).
10 (11) Early Intervention (Group).
11 Beginning in State Fiscal Year 2023, and every State
12 fiscal year thereafter, reimbursement rates for those
13 community-based substance use disorder treatment and
14 intervention services shall be adjusted upward by an amount
15 equal to the Consumer Price Index-U from the previous year,
16 not to exceed 2% in any State fiscal year. If there is a
17 decrease in the Consumer Price Index-U, rates shall remain
18 unchanged for that State fiscal year. The Department shall
19 adopt rules, including emergency rules in accordance with the
20 Illinois Administrative Procedure Act, to implement the
21 provisions of this Section.
22 As used in this Section, "Consumer Price Index-U" means
23 the index published by the Bureau of Labor Statistics of the
24 United States Department of Labor that measures the average
25 change in prices of goods and services purchased by all urban
26 consumers, United States city average, all items, 1982-84 =
SB3722 Enrolled - 46 - LRB104 20597 KTG 34087 b
1 100.
2 (d) Beginning on January 1, 2024, subject to federal
3 approval, the Department Division of Substance Use Prevention
4 and Recovery shall increase reimbursement rates for all ASAM
5 level 3 residential/inpatient substance use disorder treatment
6 and intervention services by 30%, including, but not limited
7 to, the following services:
8 (1) ASAM level 3.5 Clinically Managed High-Intensity
9 Residential Services for adults;
10 (2) ASAM level 3.5 Clinically Managed Medium-Intensity
11 Residential Services for adolescents;
12 (3) ASAM level 3.2 Clinically Managed Residential
13 Withdrawal Management;
14 (4) ASAM level 3.7 Medically Monitored Intensive
15 Inpatient Services for adults and Medically Monitored
16 High-Intensity Inpatient Services for adolescents; and
17 (5) ASAM level 3.1 Clinically Managed Low-Intensity
18 Residential Services for adults and adolescents.
19 (e) Beginning in State fiscal year 2025, and every State
20 fiscal year thereafter, reimbursement rates for licensed or
21 certified substance use disorder treatment providers of ASAM
22 Level 3 residential/inpatient services for persons with
23 substance use disorders shall be adjusted upward by an amount
24 equal to the Consumer Price Index-U from the previous year,
25 not to exceed 2% in any State fiscal year. If there is a
26 decrease in the Consumer Price Index-U, rates shall remain
SB3722 Enrolled - 47 - LRB104 20597 KTG 34087 b
1 unchanged for that State fiscal year. The Department shall
2 adopt rules, including emergency rules, in accordance with the
3 Illinois Administrative Procedure Act, to implement the
4 provisions of this Section.
5 (Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23;
6 103-588, eff. 6-5-24.)
7 Section 20. The Department of Human Services Act is
8 amended by changing Sections 1-40 and 10-66 as follows:
9 (20 ILCS 1305/1-40)
10 Sec. 1-40. Substance use disorders; mental health;
11 provider payments. For authorized Medicaid services to
12 enrolled individuals, the Department's Division of Substance
13 Use Prevention and Recovery and Division of Mental Health
14 providers shall receive payment in accordance with the
15 Illinois Public Aid Code for such authorized services, with
16 payment occurring no later than in the next fiscal year.
17 (Source: P.A. 100-759, eff. 1-1-19.)
18 (20 ILCS 1305/10-66)
19 Sec. 10-66. Rate reductions. Rates for medical services
20 purchased by the Divisions of Substance Use Prevention and
21 Recovery, Community Health and Prevention, Developmental
22 Disabilities, Mental Health, or Rehabilitation Services within
23 the Department of Human Services shall not be reduced below
SB3722 Enrolled - 48 - LRB104 20597 KTG 34087 b
1 the rates calculated on April 1, 2011 unless the Department of
2 Human Services promulgates rules and rules are implemented
3 authorizing rate reductions.
4 (Source: P.A. 99-78, eff. 7-20-15; 100-759, eff. 1-1-19.)
5 Section 25. The Mental Health and Developmental
6 Disabilities Administrative Act is amended by changing
7 Sections 14, 18.4, and 75 as follows:
8 (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
9 Sec. 14. Chester Mental Health Center. To maintain and
10 operate a facility for the care, custody, and treatment of
11 persons with mental illness or habilitation of persons with
12 developmental disabilities hereinafter designated, to be known
13 as the Chester Mental Health Center.
14 Within the Chester Mental Health Center there shall be
15 confined the following classes of persons, whose history, in
16 the opinion of the Department, discloses dangerous or violent
17 tendencies and who, upon examination under the direction of
18 the Department, have been found a fit subject for confinement
19 in that facility:
20 (a) Any male person who is charged with the commission
21 of a crime but has been acquitted by reason of insanity as
22 provided in Section 5-2-4 of the Unified Code of
23 Corrections.
24 (b) Any male person who is charged with the commission
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1 of a crime but has been found unfit under Article 104 of
2 the Code of Criminal Procedure of 1963.
3 (c) Any male person with mental illness or
4 developmental disabilities or person in need of mental
5 treatment now confined under the supervision of the
6 Department or hereafter admitted to any facility thereof
7 or committed thereto by any court of competent
8 jurisdiction.
9 If and when it shall appear to the facility director of the
10 Chester Mental Health Center that it is necessary to confine
11 persons in order to maintain security or provide for the
12 protection and safety of recipients and staff, the Chester
13 Mental Health Center may confine all persons on a unit to their
14 rooms. This period of confinement shall not exceed 10 hours in
15 a 24 hour period, including the recipient's scheduled hours of
16 sleep, unless approved by the Secretary of the Department.
17 During the period of confinement, the persons confined shall
18 be observed at least every 15 minutes. A record shall be kept
19 of the observations. This confinement shall not be considered
20 seclusion as defined in the Mental Health and Developmental
21 Disabilities Code.
22 The facility director of the Chester Mental Health Center
23 may authorize the temporary use of handcuffs on a recipient
24 for a period not to exceed 10 minutes when necessary in the
25 course of transport of the recipient within the facility to
26 maintain custody or security. Use of handcuffs is subject to
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1 the provisions of Section 2-108 of the Mental Health and
2 Developmental Disabilities Code. The facility shall keep a
3 monthly record listing each instance in which handcuffs are
4 used, circumstances indicating the need for use of handcuffs,
5 and time of application of handcuffs and time of release
6 therefrom. The facility director shall allow the Illinois
7 Guardianship and Advocacy Commission, the agency designated by
8 the Governor under Section 1 of the Protection and Advocacy
9 for Persons with Developmental Disabilities Act, and the
10 Department to examine and copy such record upon request.
11 The facility director of the Chester Mental Health Center
12 may authorize the temporary use of transport devices on a
13 civil recipient when necessary in the course of transport of
14 the civil recipient outside the facility to maintain custody
15 or security. The decision whether to use any transport devices
16 shall be reviewed and approved on an individualized basis by a
17 physician, an advanced practice registered nurse, or a
18 physician assistant based upon a determination of the civil
19 recipient's: (1) history of violence, (2) history of violence
20 during transports, (3) history of escapes and escape attempts,
21 (4) history of trauma, (5) history of incidents of restraint
22 or seclusion and use of involuntary medication, (6) current
23 functioning level and medical status, and (7) prior experience
24 during similar transports, and the length, duration, and
25 purpose of the transport. The least restrictive transport
26 device consistent with the individual's need shall be used.
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1 Staff transporting the individual shall be trained in the use
2 of the transport devices, recognizing and responding to a
3 person in distress, and shall observe and monitor the
4 individual while being transported. The facility shall keep a
5 monthly record listing all transports, including those
6 transports for which use of transport devices was not sought,
7 those for which use of transport devices was sought but
8 denied, and each instance in which transport devices are used,
9 circumstances indicating the need for use of transport
10 devices, time of application of transport devices, time of
11 release from those devices, and any adverse events. The
12 facility director shall allow the Illinois Guardianship and
13 Advocacy Commission, the agency designated by the Governor
14 under Section 1 of the Protection and Advocacy for Persons
15 with Developmental Disabilities Act, and the Department to
16 examine and copy the record upon request. This use of
17 transport devices shall not be considered restraint as defined
18 in the Mental Health and Developmental Disabilities Code. For
19 the purpose of this Section "transport device" means ankle
20 cuffs, handcuffs, waist chains or wrist-waist devices designed
21 to restrict an individual's range of motion while being
22 transported. These devices must be approved by the Department
23 Division of Mental Health, used in accordance with the
24 manufacturer's instructions, and used only by qualified staff
25 members who have completed all training required to be
26 eligible to transport patients and all other required training
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1 relating to the safe use and application of transport devices,
2 including recognizing and responding to signs of distress in
3 an individual whose movement is being restricted by a
4 transport device.
5 If and when it shall appear to the satisfaction of the
6 Department that any person confined in the Chester Mental
7 Health Center is not or has ceased to be such a source of
8 danger to the public as to require his subjection to the
9 regimen of the center, the Department is hereby authorized to
10 transfer such person to any State facility for treatment of
11 persons with mental illness or habilitation of persons with
12 developmental disabilities, as the nature of the individual
13 case may require.
14 Subject to the provisions of this Section, the Department,
15 except where otherwise provided by law, shall, with respect to
16 the management, conduct and control of the Chester Mental
17 Health Center and the discipline, custody and treatment of the
18 persons confined therein, have and exercise the same rights
19 and powers as are vested by law in the Department with respect
20 to any and all of the State facilities for treatment of persons
21 with mental illness or habilitation of persons with
22 developmental disabilities, and the recipients thereof, and
23 shall be subject to the same duties as are imposed by law upon
24 the Department with respect to such facilities and the
25 recipients thereof.
26 The Department may elect to place persons who have been
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1 ordered by the court to be detained under the Sexually Violent
2 Persons Commitment Act in a distinct portion of the Chester
3 Mental Health Center. The persons so placed shall be separated
4 and shall not comingle with the recipients of the Chester
5 Mental Health Center. The portion of Chester Mental Health
6 Center that is used for the persons detained under the
7 Sexually Violent Persons Commitment Act shall not be a part of
8 the mental health facility for the enforcement and
9 implementation of the Mental Health and Developmental
10 Disabilities Code nor shall their care and treatment be
11 subject to the provisions of the Mental Health and
12 Developmental Disabilities Code. The changes added to this
13 Section by this amendatory Act of the 98th General Assembly
14 are inoperative on and after June 30, 2015.
15 (Source: P.A. 99-143, eff. 7-27-15; 99-581, eff. 1-1-17;
16 100-513, eff. 1-1-18.)
17 (20 ILCS 1705/18.4)
18 Sec. 18.4. Community Mental Health Medicaid Trust Fund;
19 reimbursement.
20 (a) The Community Mental Health Medicaid Trust Fund is
21 hereby created in the State Treasury.
22 (b) Amounts paid to the State during each State fiscal
23 year by the federal government under Title XIX or Title XXI of
24 the Social Security Act for services delivered by community
25 mental health providers, and any interest earned thereon,
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1 shall be deposited 100% into the Community Mental Health
2 Medicaid Trust Fund. Not more than $4,500,000 of the Community
3 Mental Health Medicaid Trust Fund may be used by the
4 Department of Human Services' Division of Behavioral Health
5 and Recovery Mental Health for oversight and administration of
6 community mental health services, and of that amount no more
7 than $1,000,000 may be used for the support of community
8 mental health service initiatives. The remainder shall be used
9 for the purchase of community mental health services.
10 (b-5) Whenever a State mental health facility operated by
11 the Department is closed and the real estate on which the
12 facility is located is sold by the State, the net proceeds of
13 the sale of the real estate shall be deposited into the
14 Community Mental Health Medicaid Trust Fund and used for the
15 purposes enumerated in subsections (c) and (c-1) of Section
16 4.6 of the Community Services Act.
17 (c) The Department shall reimburse community mental health
18 providers for services provided to eligible individuals.
19 Moneys in the Trust Fund may be used for that purpose.
20 (c-5) The Community Mental Health Medicaid Trust Fund is
21 not subject to administrative charge-backs.
22 (c-10) The Department of Human Services shall annually
23 report to the Governor and the General Assembly, by September
24 1, on both the total revenue deposited into the Trust Fund and
25 the total expenditures made from the Trust Fund for the
26 previous fiscal year. This report shall include detailed
SB3722 Enrolled - 55 - LRB104 20597 KTG 34087 b
1 descriptions of both revenues and expenditures regarding the
2 Trust Fund from the previous fiscal year. This report shall be
3 presented by the Secretary of Human Services to the
4 appropriate Appropriations Committee in the House of
5 Representatives, as determined by the Speaker of the House,
6 and in the Senate, as determined by the President of the
7 Senate. This report shall be made available to the public and
8 shall be published on the Department of Human Services'
9 website in an appropriate location, a minimum of one week
10 prior to presentation of the report to the General Assembly.
11 (d) As used in this Section:
12 "Trust Fund" means the Community Mental Health Medicaid
13 Trust Fund.
14 "Community mental health provider" means a community
15 agency that is funded by the Department to provide a service.
16 "Service" means a mental health service provided pursuant
17 to the provisions of administrative rules adopted by the
18 Department and funded by or claimed through the Department of
19 Human Services Services' Division of Mental Health.
20 (Source: P.A. 103-616, eff. 7-1-24.)
21 (20 ILCS 1705/75)
22 Sec. 75. Rate increase. Within 30 days after July 6, 2017
23 (the effective date of Public Act 100-23), the Department
24 Division of Mental Health shall by rule develop the increased
25 rate methodology and annualize the increased rate beginning
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1 with State fiscal year 2018 contracts to certified community
2 mental health centers, based on the additional amounts
3 appropriated for the purpose of providing a rate increase to
4 certified community mental health centers, with the
5 annualization to be maintained in State fiscal year 2019. The
6 Department shall adopt rules, including emergency rules under
7 subsections (y) and (bb) of Section 5-45 of the Illinois
8 Administrative Procedure Act, to implement the provisions of
9 this Section.
10 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
11 Section 30. The Blind Vendors Act is amended by changing
12 Sections 5 and 30 as follows:
13 (20 ILCS 2421/5)
14 Sec. 5. Definitions. As used in this Act:
15 "Blind licensee" means a blind person licensed by the
16 Department to operate a vending facility on State, federal, or
17 other property.
18 "Blind person" means a person whose central visual acuity
19 does not exceed 20/200 in the better eye with correcting
20 lenses or whose visual acuity, if better than 20/200, is
21 accompanied by a limit to the field of vision in the better eye
22 to such a degree that its widest diameter subtends an angle of
23 no greater than 20 degrees. In determining whether an
24 individual is blind, there shall be an examination by a
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1 physician skilled in diseases of the eye, or by an
2 optometrist, whichever the individual shall select.
3 "Building" means only the portion of a structure owned or
4 leased by the State or any State agency.
5 "Cafeteria" means a food dispensing facility capable of
6 providing a broad variety of prepared foods and beverages
7 (including hot meals) primarily through the use of a line
8 where the customer serves himself or herself from displayed
9 selections. A cafeteria may be fully automatic or some limited
10 waiter or waitress service may be available and provided
11 within a cafeteria and table or booth seating facilities are
12 always provided.
13 "Committee" means the Illinois Committee of Blind Vendors,
14 an independent representative body for blind vendors
15 established by the federal Randolph-Sheppard Act.
16 "Department" means the Department of Human Services.
17 "Director" means the Bureau Director of the Bureau for the
18 Blind in the Department of Human Services.
19 "Federal property" means any structure, land, or other
20 real property owned, leased, or occupied by any department,
21 agency or instrumentality of the United States (including the
22 Department of Defense and the U.S. Postal Service), or any
23 other instrumentality wholly owned by the United States, or by
24 any department or agency of the District of Columbia or any
25 territory or possession of the United States.
26 "License" means a written instrument issued by the
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1 Department to a blind person, authorizing such person to
2 operate a vending facility on State, federal, or other
3 property.
4 "Net proceeds" means the amount remaining from the sale of
5 articles or services of vending facilities, and any vending
6 machine or other income accruing to blind vendors after
7 deducting the cost of such sale and other expenses (excluding
8 any set-aside charges required to be paid by the blind
9 vendors).
10 "Normal working hours" means an 8-hour work period between
11 the approximate hours of 8:00 a.m. to 6:00 p.m., Monday
12 through Friday.
13 "Other property" means property that is not State or
14 federal property and on which vending facilities are
15 established or operated by the use of any funds derived in
16 whole or in part, directly or indirectly, from the operation
17 of vending facilities on any State or federal property.
18 "Priority" means the right of a blind person licensed by
19 the Department of Human Services, Division of Rehabilitation
20 Services, to operate a vending facility on any and all State
21 property in the State of Illinois, in the same manner and to
22 the same extent as the priority is provided to blind licensees
23 on federal property under the Randolph-Sheppard Act, 20 U.S.C.
24 107, and federal regulations, 34 C.F.R. 395.30.
25 "Secretary" means the Secretary of Human Services.
26 "Set-aside funds" means funds that accrue to the
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1 Department from an assessment against the net income of each
2 vending facility in the State's vending facility program and
3 any income from vending machines on State or federal property
4 that accrues to the Department.
5 "State agency" means any department, board, commission, or
6 agency created by the Constitution or Public Act, whether in
7 the executive, legislative, or judicial branch.
8 "State property" means all property owned, leased, or
9 rented by any State agency. For purposes of this Act, "State
10 property" does not include property owned or controlled by a
11 unit of local government, a public school district, or a
12 public university, college, or community college.
13 "Vending facility" means automatic vending machines, snack
14 bars, cart service, counters, rest areas, and such other
15 appropriate auxiliary equipment that may be operated by blind
16 vendors and that is necessary for the sale of newspapers,
17 periodicals, confections, tobacco products, foods, beverages,
18 and notions dispensed automatically or manually and prepared
19 on or off the premises in accordance with all applicable
20 health laws, and including the vending and payment of any
21 lottery tickets or shares authorized by State law and
22 conducted by a State agency within the State. "Vending
23 facility" does not include cafeterias, restaurants, the
24 Department of Corrections' non-vending machine commissaries,
25 the Department of Juvenile Justice's non-vending machine
26 commissaries, or commissaries and employment programs of the
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1 Department of Human Services Division of Mental Health or
2 Division of Developmental Disabilities that are operated by
3 residents or State employees.
4 "Vending machine", for the purpose of assigning vending
5 machine income under this Act, means a coin, currency, or
6 debit card operated machine that dispenses articles or
7 services, except that those machines operated by the United
8 States Postal Service for the sale of postage stamps or other
9 postal products and services, machines providing services of a
10 recreational nature, and telephones shall not be considered to
11 be vending machines.
12 "Vending machine income" means the commissions or fees
13 paid to the State from vending machine operations on State
14 property where the machines are operated, serviced, or
15 maintained by, or with the approval of, a State agency by a
16 commercial or not-for-profit vending concern that operates,
17 services, and maintains vending machines.
18 "Vendor" means a blind licensee who is operating a vending
19 facility on State, federal, or other property.
20 (Source: P.A. 96-644, eff. 1-1-10.)
21 (20 ILCS 2421/30)
22 Sec. 30. Vending machine income and compliance.
23 (a) Except as provided in subsections (b), (c), (d), (e),
24 and (i) of this Section, after July 1, 2010, all vending
25 machine income, as defined by this Act, from vending machines
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1 on State property shall accrue to (1) the blind vendor
2 operating the vending facilities on the property or (2) in the
3 event there is no blind vendor operating a facility on the
4 property, the Blind Vendors Trust Fund for use exclusively as
5 set forth in subsection (a) of Section 25 of this Act.
6 (b) Notwithstanding the provisions of subsection (a) of
7 this Section, all State university cafeterias and vending
8 machines are exempt from this Act.
9 (c) Notwithstanding the provisions of subsection (a) of
10 this Section, all vending facilities at the Governor Samuel H.
11 Shapiro Developmental Center in Kankakee are exempt from this
12 Act.
13 (d) Notwithstanding the provisions of subsection (a) of
14 this Section, in the event there is no blind vendor operating a
15 vending facility on the State property, all vending machine
16 income, as defined in this Act, from vending machines on the
17 State property of the Department of Corrections and the
18 Department of Juvenile Justice shall accrue to the State
19 agency and be allocated in accordance with the commissary
20 provisions in the Unified Code of Corrections.
21 (e) Notwithstanding the provisions of subsection (a) of
22 this Section, in the event a blind vendor is operating a
23 vending facility on the State property of the Department of
24 Corrections or the Department of Juvenile Justice, a
25 commission shall be paid to the State agency equal to 10% of
26 the net proceeds from vending machines servicing State
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1 employees and 25% of the net proceeds from vending machines
2 servicing visitors on the State property.
3 (f) The Secretary, directly or by delegation of authority,
4 shall ensure compliance with this Section and Section 15 of
5 this Act with respect to buildings, installations, facilities,
6 roadside rest stops, and any other State property, and shall
7 be responsible for the collection of, and accounting for, all
8 vending machine income on this property. The Secretary shall
9 enforce these provisions through litigation, arbitration, or
10 any other legal means available to the State, and each State
11 agency in control of this property shall be subject to the
12 enforcement. State agencies or departments failing to comply
13 with an order of the Department may be held in contempt in any
14 court of general jurisdiction.
15 (g) Any limitation on the placement or operation of a
16 vending machine by a State agency based on a determination
17 that such placement or operation would adversely affect the
18 interests of the State must be explained in writing to the
19 Secretary. The Secretary shall promptly determine whether the
20 limitation is justified. If the Secretary determines that the
21 limitation is not justified, the State agency seeking the
22 limitation shall immediately remove the limitation.
23 (h) The amount of vending machine income accruing from
24 vending machines on State property that may be used for the
25 functions of the Committee shall be determined annually by a
26 two-thirds vote of the Committee, except that no more than 25%
SB3722 Enrolled - 63 - LRB104 20597 KTG 34087 b
1 of the annual vending machine income may be used by the
2 Committee for this purpose, based upon the income accruing to
3 the Blind Vendors Trust Fund in the preceding year. The
4 Committee may establish its budget and expend funds through
5 contract or otherwise without the approval of the Department.
6 (i) Notwithstanding the provisions of subsection (a) of
7 this Section, with respect to vending machines located on any
8 facility or property controlled or operated by the Department
9 of Human Services Division of Mental Health or the Division of
10 Developmental Disabilities within the Department of Human
11 Services:
12 (1) Any written contract in place as of the effective
13 date of this Act between the Division and the Business
14 Enterprise Program for the Blind shall be maintained and
15 fully adhered to including any moneys paid to the
16 individual facilities.
17 (2) With respect to existing vending machines with no
18 written contract or agreement in place as of the effective
19 date of this Act between the Division and a private
20 vendor, bottler, or vending machine supplier, the Business
21 Enterprise Program for the Blind has the right to provide
22 the vending services as provided in this Act, provided
23 that the blind vendor must provide 10% of gross sales from
24 those machines to the individual facilities.
25 (Source: P.A. 99-78, eff. 7-20-15.)
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1 Section 35. The State Finance Act is amended by changing
2 Section 5.13 as follows:
3 (30 ILCS 105/5.13) (from Ch. 127, par. 141.13)
4 Sec. 5.13. The Alcoholism and Substance Use Disorder Abuse
5 Fund.
6 (Source: P.A. 83-969.)
7 Section 40. The Community Behavioral Health Center
8 Infrastructure Act is amended by changing Section 5 as
9 follows:
10 (30 ILCS 732/5)
11 Sec. 5. Definitions. In this Act:
12 "Behavioral health center site" means a physical site
13 where a community behavioral health center shall provide
14 behavioral healthcare services linked to a particular
15 Department-contracted community behavioral healthcare
16 provider, from which this provider delivers a
17 Department-funded service and has the following
18 characteristics:
19 (i) The site must be owned, leased, or otherwise
20 controlled by a Department-funded provider.
21 (ii) A Department-funded provider may have multiple
22 service sites.
23 (iii) A Department-funded provider may provide both
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1 Medicaid and non-Medicaid services for which they are
2 certified or approved at a certified site.
3 "Board" means the Capital Development Board.
4 "Community behavioral healthcare provider" includes, but
5 is not limited to, Department-contracted prevention,
6 intervention, or treatment care providers of services and
7 supports for persons with mental health services, alcohol and
8 substance abuse services, rehabilitation services, and early
9 intervention services provided by a vendor.
10 For the purposes of this definition, "vendor" includes,
11 but is not limited to, community providers, including
12 community-based organizations that are licensed or certified
13 to provide prevention, intervention, or treatment services and
14 support for persons with mental illness or substance abuse
15 problems in this State, that comply with applicable federal,
16 State, and local rules and statutes, including, but not
17 limited to, the following:
18 (A) Federal requirements:
19 (1) Block Grants for Community Mental Health
20 Services, Subpart I & III, Part B, Title XIX, P.H.S.
21 Act/45 CFR Part 96.
22 (2) Medicaid (42 U.S.C. 1396 (1996)).
23 (3) 42 CFR 440 (Services: General Provision) and
24 456 (Utilization Control) (1996).
25 (4) Health Insurance Portability and
26 Accountability Act (HIPAA) as specified in 45 CFR
SB3722 Enrolled - 66 - LRB104 20597 KTG 34087 b
1 160.310.
2 (5) The Substance Abuse Prevention Block Grant
3 Regulations (45 CFR Part 96).
4 (6) Program Fraud Civil Remedies Act of 1986 (45
5 CFR Part 79).
6 (7) Federal regulations regarding Opioid
7 Maintenance Therapy (21 CFR 29) (21 CFR 1301-1307
8 (D.E.A.)).
9 (8) Federal regulations regarding Diagnostic,
10 Screening, Prevention, and Rehabilitation Services
11 (Medicaid) (42 CFR 440.130).
12 (9) Charitable Choice: Providers that qualify as
13 religious organizations under 42 CFR 54.2(b), who
14 comply with the Charitable Choice Regulations as set
15 forth in 42 CFR 54.1 et seq. with regard to funds
16 provided directly to pay for substance abuse
17 prevention and treatment services.
18 (B) State requirements:
19 (1) 59 Ill. Adm. Code 50, Office of Inspector
20 General Investigations of Alleged Abuse or Neglect in
21 State-Operated Facilities and Community Agencies.
22 (2) (Blank).
23 (3) 59 Ill. Adm. Code 103, Grants.
24 (4) 59 Ill. Adm. Code 115, Standards and Licensure
25 Requirements for Community-Integrated Living
26 Arrangements.
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1 (5) 59 Ill. Adm. Code 117, Family Assistance and
2 Home-Based Support Programs for Persons with Mental
3 Disabilities.
4 (6) 59 Ill. Adm. Code 125, Recipient
5 Discharge/Linkage/Aftercare.
6 (7) (Blank). 59 Ill. Adm. Code 131, Children's
7 Mental Health Screening, Assessment and Supportive
8 Services Program.
9 (8) 59 Ill. Adm. Code 132, Medicaid Community
10 Mental Health Services Program.
11 (9) (Blank).
12 (10) 89 Ill. Adm. Code 140, Medical Payment.
13 (11) (Blank). 89 Ill. Adm. Code 140.642, Screening
14 Assessment for Nursing Facility and Alternative
15 Residential Settings and Services.
16 (12) 89 Ill. Adm. Code 507, Audit Requirements of
17 Illinois Department of Human Services.
18 (13) 89 Ill. Adm. Code 509, Fiscal/Administrative
19 Recordkeeping and Requirements.
20 (14) 89 Ill. Adm. Code 511, Grants and Grant Funds
21 Recovery.
22 (15) (Blank). 77 Ill. Adm. Code Parts 2030, 2060,
23 and 2090.
24 (16) Title 77 Illinois Administrative Code:
25 (a) Part 630: Maternal and Child Health
26 Services Code.
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1 (b) Part 635: Family Planning Services Code.
2 (c) Part 672: WIC Vendor Management Code.
3 (d) Part 2030: Award and Monitoring of Funds.
4 (d-1) Part 2060: Substance Use Disorder
5 Treatment and Intervention Services.
6 (d-2) Part 2090: Subacute Alcoholism and
7 Substance Abuse Treatment Services.
8 (e) Part 2200: School Based/Linked Health
9 Centers.
10 (17) Title 89 Illinois Administrative Code:
11 (a) Section 130.200: Domestic Violence Shelter
12 and Service Programs.
13 (b) Part 310: Delivery of Youth Services
14 Funded by the Department of Human Services.
15 (c) Part 313: Community Services.
16 (d) Part 334: Administration and Funding of
17 Community-Based Services to Youth.
18 (e) Part 500: Early Intervention Program.
19 (f) Part 501: Partner Abuse Intervention.
20 (18) State statutes:
21 (a) The Mental Health and Developmental
22 Disabilities Code.
23 (b) The Community Services Act.
24 (c) The Mental Health and Developmental
25 Disabilities Confidentiality Act.
26 (d) The Substance Use Disorder Act.
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1 (e) The Early Intervention Services System
2 Act.
3 (f) The Children and Family Services Act.
4 (g) The Illinois Commission on Volunteerism
5 and Community Services Act.
6 (h) The Department of Human Services Act.
7 (i) The Domestic Violence Shelters Act.
8 (j) The Illinois Youthbuild Act.
9 (k) The Civil Administrative Code of Illinois.
10 (l) The Illinois Grant Funds Recovery Act.
11 (m) The Child Care Act of 1969.
12 (n) The Solicitation for Charity Act.
13 (o) Sections 9-1, 12-4.5 through 12-4.7, and
14 12-13 of the Illinois Public Aid Code.
15 (p) The Abused and Neglected Child Reporting
16 Act.
17 (q) The Charitable Trust Act.
18 (C) The Provider shall be in compliance with all
19 applicable requirements for services and service reporting
20 as specified by the Department. in the following
21 Department manuals or handbooks:
22 (1) DHS/DMH Provider Manual.
23 (2) DHS Mental Health CSA Program Manual.
24 (3) DHS/DMH PAS/MH Manual.
25 (4) Community Forensic Services Handbook.
26 (5) Community Mental Health Service Definitions
SB3722 Enrolled - 70 - LRB104 20597 KTG 34087 b
1 and Reimbursement Guide.
2 (6) DHS/DMH Collaborative Provider Manual.
3 (7) Handbook for Providers of Screening Assessment
4 and Support Services, Chapter CMH-200 Policy and
5 Procedures For Screening, Assessment and Support
6 Services.
7 (8) DHS Division of Substance Use Prevention and
8 Recovery:
9 (a) Contractual Policy Manual.
10 (b) Medicaid Handbook.
11 (c) DARTS Manual.
12 (9) Division of Substance Use Prevention and
13 Recovery Best Practice Program Guidelines for Specific
14 Populations.
15 (10) Division of Substance Use Prevention and
16 Recovery Contract Program Manual.
17 "Community behavioral healthcare services" means any of
18 the following:
19 (i) Behavioral health services, including, but not
20 limited to, prevention, intervention, or treatment care
21 services and support for eligible persons provided by a
22 vendor of the Department.
23 (ii) Referrals to providers of medical services and
24 other health-related services, including substance abuse
25 and mental health services.
26 (iii) Patient case management services, including
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1 counseling, referral, and follow-up services, and other
2 services designed to assist community behavioral health
3 center patients in establishing eligibility for and
4 gaining access to federal, State, and local programs that
5 provide or financially support the provision of medical,
6 social, educational, or other related services.
7 (iv) Services that enable individuals to use the
8 services of the behavioral health center including
9 outreach and transportation services and, if a substantial
10 number of the individuals in the population are of limited
11 English-speaking ability, the services of appropriate
12 personnel fluent in the language spoken by a predominant
13 number of those individuals.
14 (v) Education of patients and the general population
15 served by the community behavioral health center regarding
16 the availability and proper use of behavioral health
17 services.
18 (vi) Additional behavioral healthcare services
19 consisting of services that are appropriate to meet the
20 health needs of the population served by the behavioral
21 health center involved and that may include housing
22 assistance.
23 "Department" means the Department of Human Services.
24 "Uninsured population" means persons who do not own
25 private healthcare insurance, are not part of a group
26 insurance plan, and are not eligible for any State or federal
SB3722 Enrolled - 72 - LRB104 20597 KTG 34087 b
1 government-sponsored healthcare program.
2 (Source: P.A. 103-154, eff. 6-30-23.)
3 Section 45. The Community Partnership for Deflection and
4 Substance Use Disorder Treatment Act is amended by changing
5 Section 25 as follows:
6 (50 ILCS 71/25) (was 5 ILCS 820/25)
7 Sec. 25. Reporting and evaluation.
8 (a) The Illinois Criminal Justice Information Authority,
9 in conjunction with an association representing police chiefs
10 and the Department of Human Services' Division of Behavioral
11 Health Substance Use Prevention and Recovery, shall within 6
12 months of the effective date of this Act:
13 (1) develop a set of minimum data to be collected from
14 each deflection program and reported annually, beginning
15 one year after the effective date of this Act, by the
16 Illinois Criminal Justice Information Authority,
17 including, but not limited to, demographic information on
18 program participants, number of law enforcement encounters
19 that result in a treatment referral, and time from law
20 enforcement encounter to treatment engagement; and
21 (2) develop a performance measurement system,
22 including key performance indicators for deflection
23 programs including, but not limited to, rate of treatment
24 engagement at 30 days from the point of initial contact.
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1 Each program that receives funding for services under
2 Section 35 of this Act shall include the performance
3 measurement system in its local plan and report data
4 quarterly to the Illinois Criminal Justice Information
5 Authority for the purpose of evaluation of deflection
6 programs in aggregate.
7 (b) The Illinois Criminal Justice Information Authority
8 shall make statistical data collected under subsection (a) of
9 this Section available to the Department of Human Services,
10 Division of Behavioral Health Substance Use Prevention and
11 Recovery for inclusion in planning efforts for services to
12 persons with criminal justice or law enforcement involvement.
13 (Source: P.A. 100-1025, eff. 1-1-19.)
14 Section 50. The Drug School Act is amended by changing
15 Sections 10, 15, and 40 as follows:
16 (55 ILCS 130/10)
17 Sec. 10. Definition. As used in this Act, "drug school"
18 means a drug intervention and education program established
19 and administered by the State's Attorney's Office of a
20 particular county as an alternative to traditional
21 prosecution. A drug school shall include, but not be limited
22 to, the following core components:
23 (1) No less than 10 and no more than 20 hours of drug
24 education delivered by an organization licensed, certified
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1 or otherwise authorized by the Illinois Department of
2 Human Services, Division of Substance Use Prevention and
3 Recovery to provide treatment, intervention, education or
4 other such services. This education is to be delivered at
5 least once per week at a class of no less than one hour and
6 no greater than 4 hours, and with a class size no larger
7 than 40 individuals.
8 (2) Curriculum designed to present the harmful effects
9 of drug use on the individual, family and community,
10 including the relationship between drug use and criminal
11 behavior, as well as instruction regarding the application
12 procedure for the sealing and expungement of records of
13 arrest and any other record of the proceedings of the case
14 for which the individual was mandated to attend the drug
15 school.
16 (3) Education regarding the practical consequences of
17 conviction and continued justice involvement. Such
18 consequences of drug use will include the negative
19 physiological, psychological, societal, familial, and
20 legal areas. Additionally, the practical limitations
21 imposed by a drug conviction on one's vocational,
22 educational, financial, and residential options will be
23 addressed.
24 (4) A process for monitoring and reporting attendance
25 such that the State's Attorney in the county where the
26 drug school is being operated is informed of class
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1 attendance no more than 48 hours after each class.
2 (5) A process for capturing data on drug school
3 participants, including but not limited to total
4 individuals served, demographics of those individuals,
5 rates of attendance, and frequency of future justice
6 involvement for drug school participants and other data as
7 may be required by the Division of Behavioral Health
8 Substance Use Prevention and Recovery.
9 (Source: P.A. 100-759, eff. 1-1-19.)
10 (55 ILCS 130/15)
11 Sec. 15. Authorization.
12 (a) Each State's Attorney may establish a drug school
13 operated under the terms of this Act. The purpose of the drug
14 school shall be to provide an alternative to prosecution by
15 identifying drug-involved individuals for the purpose of
16 intervening with their drug use before their criminal
17 involvement becomes severe. The State's Attorney shall
18 identify criteria to be used in determining eligibility for
19 the drug school. Only those participants who successfully
20 complete the requirements of the drug school, as certified by
21 the State's Attorney, are eligible to apply for the sealing
22 and expungement of records of arrest and any other record of
23 the proceedings of the case for which the individual was
24 mandated to attend the drug school.
25 (b) A State's Attorney seeking to establish a drug school
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1 may apply to the Division of Behavioral Health Substance Use
2 Prevention and Recovery of the Illinois Department of Human
3 Services for funding to establish and operate a drug school
4 within his or her respective county. Nothing in this
5 subsection shall prevent State's Attorneys from establishing
6 drug schools within their counties without funding from the
7 Division of Behavioral Health Substance Use Prevention and
8 Recovery.
9 (c) Nothing in this Act shall prevent 2 or more State's
10 Attorneys from applying jointly for funding as provided in
11 subsection (b) for the purpose of establishing a drug school
12 that serves multiple counties.
13 (d) Drug schools established through funding from the
14 Division of Behavioral Health Substance Use Prevention and
15 Recovery shall operate according to the guidelines established
16 thereby and the provisions of this Act.
17 (Source: P.A. 100-759, eff. 1-1-19.)
18 (55 ILCS 130/40)
19 Sec. 40. Appropriations to the Division of Behavioral
20 Health Substance Use Prevention and Recovery.
21 (a) Moneys shall be appropriated to the Department of
22 Human Services' Division of Behavioral Health Substance Use
23 Prevention and Recovery to enable the Division (i) to contract
24 with Cook County, and (ii) counties other than Cook County to
25 reimburse for services delivered in those counties under the
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1 county Drug School program.
2 (b) The Division of Behavioral Health Substance Use
3 Prevention and Recovery shall establish rules and procedures
4 for reimbursements paid to the Cook County Treasurer which are
5 not subject to county appropriation and are not intended to
6 supplant monies currently expended by Cook County to operate
7 its drug school program. Cook County is required to maintain
8 its efforts with regard to its drug school program.
9 (c) Expenditure of moneys under this Section is subject to
10 audit by the Auditor General.
11 (d) In addition to reporting required by the Division of
12 Behavioral Health Substance Use Prevention and Recovery,
13 State's Attorneys receiving monies under this Section shall
14 each report separately to the General Assembly by January 1,
15 2008 and each and every following January 1 for as long as the
16 services are in existence, detailing the need for continued
17 services and contain any suggestions for changes to this Act.
18 (Source: P.A. 100-759, eff. 1-1-19.)
19 Section 60. The Behavioral Health Workforce Education
20 Center of Illinois Act is amended by changing Section 65-25 as
21 follows:
22 (110 ILCS 185/65-25)
23 Sec. 65-25. Selection process.
24 (a) No later than 90 days after the effective date of this
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1 Act, the Board of Higher Education shall select a public
2 institution of higher education, with input and assistance
3 from the Division of Mental Health of the Department of Human
4 Services, to administer the Behavioral Health Workforce
5 Education Center of Illinois.
6 (b) The selection process shall articulate the principles
7 of the Behavioral Health Workforce Education Center of
8 Illinois, not inconsistent with this Act.
9 (c) The Board of Higher Education, with input and
10 assistance from the Division of Mental Health of the
11 Department of Human Services, shall make its selection of a
12 public institution of higher education based on its ability
13 and willingness to execute the following tasks:
14 (1) Convening academic institutions providing
15 behavioral health education to:
16 (A) develop curricula to train future behavioral
17 health professionals in evidence-based practices that
18 meet the most urgent needs of Illinois' residents;
19 (B) build capacity to provide clinical training
20 and supervision; and
21 (C) facilitate telehealth services to every region
22 of the State.
23 (2) Functioning as a clearinghouse for research,
24 education, and training efforts to identify and
25 disseminate evidence-based practices across the State.
26 (3) Leveraging financial support from grants and
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1 social impact loan funds.
2 (4) Providing infrastructure to organize regional
3 behavioral health education and outreach. As budgets
4 allow, this shall include conference and training space,
5 research and faculty staff time, telehealth, and distance
6 learning equipment.
7 (5) Working with regional hubs that assess and serve
8 the workforce needs of specific, well-defined regions and
9 specialize in specific research and training areas, such
10 as telehealth or mental health-criminal justice
11 partnerships, for which the regional hub can serve as a
12 statewide leader.
13 (d) The Board of Higher Education may adopt such rules as
14 may be necessary to implement and administer this Section.
15 (Source: P.A. 102-4, eff. 4-27-21.)
16 Section 65. The Specialized Mental Health Rehabilitation
17 Act of 2013 is amended by changing Sections 2-103, 4-103,
18 4-105, and 4-106 as follows:
19 (210 ILCS 49/2-103)
20 Sec. 2-103. Staff training. Training for all new
21 employees specific to the various levels of care offered by a
22 facility shall be provided to employees during their
23 orientation period and annually thereafter. Training shall be
24 independent of the Department and overseen by the Illinois
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1 Department of Human Services Division of Mental Health to
2 determine the content of all facility employee training and to
3 provide training for all trainers of facility employees.
4 Training of employees shall be consistent with nationally
5 recognized national accreditation standards as defined later
6 in this Act. Training of existing staff of a recovery and
7 rehabilitation support center shall be conducted in accordance
8 with, and on the schedule provided in, the staff training plan
9 approved by the Illinois Department of Human Services Division
10 of Mental Health. Training of existing staff for any other
11 level of care licensed under this Act, including triage,
12 crisis stabilization, and transitional living shall be
13 completed at a facility prior to the implementation of that
14 level of care. Training shall be required for all existing
15 staff at a facility prior to the implementation of any new
16 services authorized under this Act.
17 (Source: P.A. 100-365, eff. 8-25-17.)
18 (210 ILCS 49/4-103)
19 Sec. 4-103. Provisional licensure emergency rules. The
20 Department, in consultation with the Division of Mental Health
21 of the Department of Human Services and the Department of
22 Healthcare and Family Services, is granted the authority under
23 this Act to establish provisional licensure and licensing
24 procedures by emergency rule. The Department shall file
25 emergency rules concerning provisional licensure under this
SB3722 Enrolled - 81 - LRB104 20597 KTG 34087 b
1 Act within 120 days after the effective date of this Act. Rules
2 governing the provisional license and licensing process shall
3 contain rules for the different levels of care offered by the
4 facilities authorized under this Act and shall address each
5 type of care hereafter enumerated:
6 (1) triage centers;
7 (2) crisis stabilization;
8 (3) recovery and rehabilitation supports;
9 (4) transitional living units; or
10 (5) other intensive treatment and stabilization
11 programs designed and developed in collaboration with the
12 Department.
13 (Source: P.A. 98-104, eff. 7-22-13; 99-712, eff. 8-5-16.)
14 (210 ILCS 49/4-105)
15 Sec. 4-105. Provisional licensure duration. A provisional
16 license shall be valid upon fulfilling the requirements
17 established by the Department by emergency rule. The license
18 shall remain valid as long as a facility remains in compliance
19 with the licensure provisions established in rule. Provisional
20 licenses issued upon initial licensure as a specialized mental
21 health rehabilitation facility shall expire at the end of a
22 3-year period, which commences on the date the provisional
23 license is issued. Issuance of a provisional license for any
24 reason other than initial licensure (including, but not
25 limited to, change of ownership, location, number of beds, or
SB3722 Enrolled - 82 - LRB104 20597 KTG 34087 b
1 services) shall not extend the maximum 3-year period, at the
2 end of which a facility must be licensed pursuant to Section
3 4-201. An extension for 120 days may be granted if requested
4 and approved by the Department. Notwithstanding any other
5 provision of this Act or the Specialized Mental Health
6 Rehabilitation Facilities Code, 77 Ill. Adm. Code 380, to the
7 contrary, if a facility has received notice from the
8 Department that its application for provisional licensure to
9 provide recovery and rehabilitation services has been accepted
10 as complete and the facility has attested in writing to the
11 Department that it will comply with the staff training plan
12 approved by the Illinois Department of Human Services Division
13 of Mental Health, then a provisional license for recovery and
14 rehabilitation services shall be issued to the facility within
15 60 days after the Department determines that the facility is
16 in compliance with the requirements of the Life Safety Code in
17 accordance with Section 4-104.5 of this Act.
18 (Source: P.A. 103-1, eff. 4-27-23; 103-154, eff. 6-30-23.)
19 (210 ILCS 49/4-106)
20 Sec. 4-106. Provisional licensure outcomes. The
21 Department of Healthcare and Family Services, in conjunction
22 with the Division of Mental Health of the Department of Human
23 Services and the Department of Public Health, shall establish
24 a methodology by which financial and clinical data are
25 reported and monitored from each program that is implemented
SB3722 Enrolled - 83 - LRB104 20597 KTG 34087 b
1 in a facility after the effective date of this Act. The
2 Department of Healthcare and Family Services shall work in
3 concert with a managed care entity, a care coordination
4 entity, or an accountable care entity to gather the data
5 necessary to report and monitor the progress of the services
6 offered under this Act.
7 (Source: P.A. 98-104, eff. 7-22-13.)
8 Section 70. The Illinois Insurance Code is amended by
9 changing Sections 356z.22, 356z.31, and 356z.36 as follows:
10 (215 ILCS 5/356z.22)
11 Sec. 356z.22. Coverage for telehealth services.
12 (a) For purposes of this Section:
13 "Asynchronous store and forward system" has the meaning
14 given to that term in Section 5 of the Telehealth Act.
15 "Distant site" has the meaning given to that term in
16 Section 5 of the Telehealth Act.
17 "E-visits" has the meaning given to that term in Section 5
18 of the Telehealth Act.
19 "Facility" means any hospital facility licensed under the
20 Hospital Licensing Act or the University of Illinois Hospital
21 Act, a federally qualified health center, a community mental
22 health center, a behavioral health clinic, a substance use
23 disorder treatment program licensed by the Division of
24 Behavioral Health Substance Use Prevention and Recovery of the
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1 Department of Human Services, or other building, place, or
2 institution that is owned or operated by a person that is
3 licensed or otherwise authorized to deliver health care
4 services.
5 "Health care professional" has the meaning given to that
6 term in Section 5 of the Telehealth Act.
7 "Interactive telecommunications system" has the meaning
8 given to that term in Section 5 of the Telehealth Act. As used
9 in this Section, "interactive telecommunications system" does
10 not include virtual check-ins.
11 "Originating site" has the meaning given to that term in
12 Section 5 of the Telehealth Act.
13 "Telehealth services" has the meaning given to that term
14 in Section 5 of the Telehealth Act. As used in this Section,
15 "telehealth services" do not include asynchronous store and
16 forward systems, remote patient monitoring technologies,
17 e-visits, or virtual check-ins.
18 "Virtual check-in" has the meaning given to that term in
19 Section 5 of the Telehealth Act.
20 (b) An individual or group policy of accident or health
21 insurance that is amended, delivered, issued, or renewed on or
22 after the effective date of this amendatory Act of the 102nd
23 General Assembly shall cover telehealth services, e-visits,
24 and virtual check-ins rendered by a health care professional
25 when clinically appropriate and medically necessary to
26 insureds, enrollees, and members in the same manner as any
SB3722 Enrolled - 85 - LRB104 20597 KTG 34087 b
1 other benefits covered under the policy. An individual or
2 group policy of accident or health insurance may provide
3 reimbursement to a facility that serves as the originating
4 site at the time a telehealth service is rendered.
5 (c) To ensure telehealth service, e-visit, and virtual
6 check-in access is equitable for all patients in receipt of
7 health care services under this Section and health care
8 professionals and facilities are able to deliver medically
9 necessary services that can be appropriately delivered via
10 telehealth within the scope of their licensure or
11 certification, coverage required under this Section shall
12 comply with all of the following:
13 (1) An individual or group policy of accident or
14 health insurance shall not:
15 (A) require that in-person contact occur between a
16 health care professional and a patient before the
17 provision of a telehealth service;
18 (B) require patients, health care professionals,
19 or facilities to prove or document a hardship or
20 access barrier to an in-person consultation for
21 coverage and reimbursement of telehealth services,
22 e-visits, or virtual check-ins;
23 (C) require the use of telehealth services,
24 e-visits, or virtual check-ins when the health care
25 professional has determined that it is not
26 appropriate;
SB3722 Enrolled - 86 - LRB104 20597 KTG 34087 b
1 (D) require the use of telehealth services when a
2 patient chooses an in-person consultation;
3 (E) require a health care professional to be
4 physically present in the same room as the patient at
5 the originating site, unless deemed medically
6 necessary by the health care professional providing
7 the telehealth service;
8 (F) create geographic or facility restrictions or
9 requirements for telehealth services, e-visits, or
10 virtual check-ins;
11 (G) require health care professionals or
12 facilities to offer or provide telehealth services,
13 e-visits, or virtual check-ins;
14 (H) require patients to use telehealth services,
15 e-visits, or virtual check-ins, or require patients to
16 use a separate panel of health care professionals or
17 facilities to receive telehealth service, e-visit, or
18 virtual check-in coverage and reimbursement; or
19 (I) impose upon telehealth services, e-visits, or
20 virtual check-ins utilization review requirements that
21 are unnecessary, duplicative, or unwarranted or impose
22 any treatment limitations, prior authorization,
23 documentation, or recordkeeping requirements that are
24 more stringent than the requirements applicable to the
25 same health care service when rendered in-person,
26 except procedure code modifiers may be required to
SB3722 Enrolled - 87 - LRB104 20597 KTG 34087 b
1 document telehealth.
2 (2) Deductibles, copayments, coinsurance, or any other
3 cost-sharing applicable to services provided through
4 telehealth shall not exceed the deductibles, copayments,
5 coinsurance, or any other cost-sharing required by the
6 individual or group policy of accident or health insurance
7 for the same services provided through in-person
8 consultation.
9 (3) An individual or group policy of accident or
10 health insurance shall notify health care professionals
11 and facilities of any instructions necessary to facilitate
12 billing for telehealth services, e-visits, and virtual
13 check-ins.
14 (d) For purposes of reimbursement, an individual or group
15 policy of accident or health insurance that is amended,
16 delivered, issued, or renewed on or after the effective date
17 of this amendatory Act of the 102nd General Assembly shall
18 reimburse an in-network health care professional or facility,
19 including a health care professional or facility in a tiered
20 network, for telehealth services provided through an
21 interactive telecommunications system on the same basis, in
22 the same manner, and at the same reimbursement rate that would
23 apply to the services if the services had been delivered via an
24 in-person encounter by an in-network or tiered network health
25 care professional or facility. This subsection applies only to
26 those services provided by telehealth that may otherwise be
SB3722 Enrolled - 88 - LRB104 20597 KTG 34087 b
1 billed as an in-person service. This subsection is inoperative
2 on and after January 1, 2028, except that this subsection is
3 operative after that date with respect to mental health and
4 substance use disorder telehealth services.
5 (e) The Department and the Department of Public Health
6 shall commission a report to the General Assembly administered
7 by an established medical college in this State wherein
8 supervised clinical training takes place at an affiliated
9 institution that uses telehealth services, subject to
10 appropriation. The report shall study the telehealth coverage
11 and reimbursement policies established in subsections (b) and
12 (d) of this Section, to determine if the policies improve
13 access to care, reduce health disparities, promote health
14 equity, have an impact on utilization and cost-avoidance,
15 including direct or indirect cost savings to the patient, and
16 to provide any recommendations for telehealth access expansion
17 in the future. An individual or group policy of accident or
18 health insurance shall provide data necessary to carry out the
19 requirements of this subsection upon request of the
20 Department. The Department and the Department of Public Health
21 shall submit the report by December 31, 2026. The established
22 medical college may utilize subject matter expertise to
23 complete any necessary actuarial analysis.
24 (f) Nothing in this Section is intended to limit the
25 ability of an individual or group policy of accident or health
26 insurance and a health care professional or facility to
SB3722 Enrolled - 89 - LRB104 20597 KTG 34087 b
1 voluntarily negotiate alternate reimbursement rates for
2 telehealth services. Such voluntary negotiations shall take
3 into consideration the ongoing investment necessary to ensure
4 these telehealth platforms may be continuously maintained,
5 seamlessly updated, and integrated with a patient's electronic
6 medical records.
7 (g) An individual or group policy of accident or health
8 insurance that is amended, delivered, issued, or renewed on or
9 after the effective date of this amendatory Act of the 102nd
10 General Assembly shall provide coverage for telehealth
11 services for licensed dietitian nutritionists and certified
12 diabetes educators who counsel diabetes patients in the
13 diabetes patients' homes to remove the hurdle of
14 transportation for diabetes patients to receive treatment, in
15 accordance with the Dietitian Nutritionist Practice Act.
16 (h) Any policy, contract, or certificate of health
17 insurance coverage that does not distinguish between
18 in-network and out-of-network health care professionals and
19 facilities shall be subject to this Section as though all
20 health care professionals and facilities were in-network.
21 (i) Health care professionals and facilities shall
22 determine the appropriateness of specific sites, technology
23 platforms, and technology vendors for a telehealth service, as
24 long as delivered services adhere to all federal and State
25 privacy, security, and confidentiality laws, rules, or
26 regulations, including, but not limited to, the Health
SB3722 Enrolled - 90 - LRB104 20597 KTG 34087 b
1 Insurance Portability and Accountability Act of 1996 and the
2 Mental Health and Developmental Disabilities Confidentiality
3 Act.
4 (j) Nothing in this Section shall be deemed as precluding
5 a health insurer from providing benefits for other telehealth
6 services, including, but not limited to, services not required
7 for coverage provided through an asynchronous store and
8 forward system, remote patient monitoring services, other
9 monitoring services, or oral communications otherwise covered
10 under the policy.
11 (k) There shall be no restrictions on originating site
12 requirements for telehealth coverage or reimbursement to the
13 distant site under this Section other than requiring the
14 telehealth services to be medically necessary and clinically
15 appropriate.
16 (l) The Department may adopt rules, including emergency
17 rules subject to the provisions of Section 5-45 of the
18 Illinois Administrative Procedure Act, to implement the
19 provisions of this Section.
20 (Source: P.A. 102-104, eff. 7-22-21.)
21 (215 ILCS 5/356z.31)
22 Sec. 356z.31. Recovery housing for persons with substance
23 use disorders.
24 (a) Definitions. As used in this Section:
25 "Substance use disorder" and "case management" have the
SB3722 Enrolled - 91 - LRB104 20597 KTG 34087 b
1 meanings ascribed to those terms in Section 1-10 of the
2 Substance Use Disorder Act.
3 "Hospital" means a facility licensed by the Department of
4 Public Health under the Hospital Licensing Act.
5 "Federally qualified health center" means a facility as
6 defined in Section 1905(l)(2)(B) of the federal Social
7 Security Act.
8 "Recovery housing" means a residential extended care
9 treatment facility or a recovery home as defined and licensed
10 in 77 Illinois Administrative Code, Part 2060, by the Illinois
11 Department of Human Services, Division of Behavioral Health
12 Substance Use Prevention and Recovery.
13 (b) A group or individual policy of accident and health
14 insurance or managed care plan amended, delivered, issued, or
15 renewed on or after January 1, 2019 (the effective date of
16 Public Act 100-1065) may provide coverage for residential
17 extended care services and supports for persons recovery
18 housing for persons with substance use disorders who are at
19 risk of a relapse following discharge from a health care
20 clinic, federally qualified health center, hospital withdrawal
21 management program or any other licensed withdrawal management
22 program, or hospital emergency department so long as all of
23 the following conditions are met:
24 (1) A health care clinic, federally qualified health
25 center, hospital withdrawal management program or any
26 other licensed withdrawal management program, or hospital
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1 emergency department has conducted an individualized
2 assessment, using criteria established by the American
3 Society of Addiction Medicine, of the person's condition
4 prior to discharge and has identified the person as being
5 at risk of a relapse and in need of supportive services,
6 including employment and training and case management, to
7 maintain long-term recovery. A determination of whether a
8 person is in need of supportive services shall also be
9 based on whether the person has a history of poverty, job
10 insecurity, and lack of a safe and sober living
11 environment.
12 (2) The recovery housing is administered by a
13 community-based agency that is licensed by or under
14 contract with the Department of Human Services, Division
15 of Behavioral Health Substance Use Prevention and
16 Recovery.
17 (3) The recovery housing is administered by a
18 community-based agency as described in paragraph (2) upon
19 the referral of a health care clinic, federally qualified
20 health center, hospital withdrawal management program or
21 any other licensed withdrawal management program, or
22 hospital emergency department.
23 (c) Based on the individualized needs assessment, any
24 coverage provided in accordance with this Section may include,
25 but not be limited to, the following:
26 (1) Substance use disorder treatment services that are
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1 in accordance with licensure standards promulgated by the
2 Department of Human Services, Division of Behavioral
3 Health Substance Use Prevention and Recovery.
4 (2) Transitional housing services, including food or
5 meal plans.
6 (3) Individualized case management and referral
7 services, including case management and social services
8 for the families of persons who are seeking treatment for
9 a substance use disorder.
10 (4) Job training or placement services.
11 (d) The insurer may rate each community-based agency that
12 is licensed by or under contract with the Department of Human
13 Services, Division of Behavioral Health Substance Use
14 Prevention and Recovery to provide recovery housing based on
15 an evaluation of each agency's ability to:
16 (1) reduce health care costs;
17 (2) reduce recidivism rates for persons suffering from
18 a substance use disorder;
19 (3) improve outcomes;
20 (4) track persons with substance use disorders; and
21 (5) improve the quality of life of persons with
22 substance use disorders through the utilization of
23 sustainable recovery, education, employment, and housing
24 services.
25 The insurer may publish the results of the ratings on its
26 official website and shall, on an annual basis, update the
SB3722 Enrolled - 94 - LRB104 20597 KTG 34087 b
1 posted results.
2 (e) The Department of Insurance may adopt any rules
3 necessary to implement the provisions of this Section in
4 accordance with the Illinois Administrative Procedure Act and
5 all rules and procedures of the Joint Committee on
6 Administrative Rules; any purported rule not so adopted, for
7 whatever reason, is unauthorized.
8 (Source: P.A. 100-1065, eff. 1-1-19; 101-81, eff. 7-12-19.)
9 (215 ILCS 5/356z.36)
10 Sec. 356z.36. Coverage of treatment models for early
11 treatment of serious mental illnesses.
12 (a) For purposes of early treatment of a serious mental
13 illness in a child or young adult under age 26, a group or
14 individual policy of accident and health insurance, or managed
15 care plan, that is amended, delivered, issued, or renewed
16 after December 31, 2020 shall provide coverage of the
17 following bundled, evidence-based treatment:
18 (1) Coordinated specialty care for first episode
19 psychosis treatment, covering the elements of the
20 treatment model included in the most recent national
21 research trials conducted by the National Institute of
22 Mental Health in the Recovery After an Initial
23 Schizophrenia Episode (RAISE) trials for psychosis
24 resulting from a serious mental illness, but excluding the
25 components of the treatment model related to education and
SB3722 Enrolled - 95 - LRB104 20597 KTG 34087 b
1 employment support.
2 (2) Assertive community treatment (ACT) and community
3 support team (CST) treatment. The elements of ACT and CST
4 to be covered shall include those covered under Article V
5 of the Illinois Public Aid Code, through 89 Ill. Adm. Code
6 140.453(d)(4).
7 (b) Adherence to the clinical models. For purposes of
8 ensuring adherence to the coordinated specialty care for first
9 episode psychosis treatment model, only providers contracted
10 with the Department of Human Services Services' Division of
11 Mental Health to be FIRST.IL providers to deliver coordinated
12 specialty care for first episode psychosis treatment shall be
13 permitted to provide such treatment in accordance with this
14 Section and such providers must adhere to the fidelity of the
15 treatment model. For purposes of ensuring fidelity to ACT and
16 CST, only providers certified to provide ACT and CST by the
17 Department of Human Services Services' Division of Mental
18 Health and approved to provide ACT and CST by the Department of
19 Healthcare and Family Services, or its designee, in accordance
20 with 89 Ill. Adm. Code 140, shall be permitted to provide such
21 services under this Section and such providers shall be
22 required to adhere to the fidelity of the models.
23 (c) Development of medical necessity criteria for
24 coverage. Within 6 months after January 1, 2020 (the effective
25 date of Public Act 101-461), the Department of Insurance shall
26 lead and convene a workgroup that includes the Department of
SB3722 Enrolled - 96 - LRB104 20597 KTG 34087 b
1 Human Services Services' Division of Mental Health, the
2 Department of Healthcare and Family Services, providers of the
3 treatment models listed in this Section, and insurers
4 operating in Illinois to develop medical necessity criteria
5 for such treatment models for purposes of coverage under this
6 Section. The workgroup shall use the medical necessity
7 criteria the State and other states use as guidance for
8 establishing medical necessity for insurance coverage. The
9 Department of Insurance shall adopt a rule that defines
10 medical necessity for each of the 3 treatment models listed in
11 this Section by no later than June 30, 2020 based on the
12 workgroup's recommendations.
13 (d) For purposes of credentialing the mental health
14 professionals and other medical professionals that are part of
15 a coordinated specialty care for first episode psychosis
16 treatment team, an ACT team, or a CST team, the credentialing
17 of the psychiatrist or the licensed clinical leader of the
18 treatment team shall qualify all members of the treatment team
19 to be credentialed with the insurer.
20 (e) Payment for the services performed under the treatment
21 models listed in this Section shall be based on a bundled
22 treatment model or payment, rather than payment for each
23 separate service delivered by a treatment team member. By no
24 later than 6 months after January 1, 2020 (the effective date
25 of Public Act 101-461), the Department of Insurance shall
26 convene a workgroup of Illinois insurance companies and
SB3722 Enrolled - 97 - LRB104 20597 KTG 34087 b
1 Illinois mental health treatment providers that deliver the
2 bundled treatment approaches listed in this Section to
3 determine a coding solution that allows for these bundled
4 treatment models to be coded and paid for as a bundle of
5 services, similar to intensive outpatient treatment where
6 multiple services are covered under one billing code or a
7 bundled set of billing codes. The coding solution shall ensure
8 that services delivered using coordinated specialty care for
9 first episode psychosis treatment, ACT, or CST are provided
10 and billed as a bundled service, rather than for each
11 individual service provided by a treatment team member, which
12 would deconstruct the evidence-based practice. The coding
13 solution shall be reached prior to coverage, which shall begin
14 for plans amended, delivered, issued, or renewed after
15 December 31, 2020, to ensure coverage of the treatment team
16 approaches as intended by this Section.
17 (f) If, at any time, the Secretary of the United States
18 Department of Health and Human Services, or its successor
19 agency, adopts rules or regulations to be published in the
20 Federal Register or publishes a comment in the Federal
21 Register or issues an opinion, guidance, or other action that
22 would require the State, under any provision of the Patient
23 Protection and Affordable Care Act (P.L. 111-148), including,
24 but not limited to, 42 U.S.C. 18031(d)(3)(b), or any successor
25 provision, to defray the cost of any coverage for serious
26 mental illnesses or serious emotional disturbances outlined in
SB3722 Enrolled - 98 - LRB104 20597 KTG 34087 b
1 this Section, then the requirement that a group or individual
2 policy of accident and health insurance or managed care plan
3 cover the bundled treatment approaches listed in this Section
4 is inoperative other than any such coverage authorized under
5 Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
6 the State shall not assume any obligation for the cost of the
7 coverage.
8 (g) After 5 years following full implementation of this
9 Section, if requested by an insurer, the Department of
10 Insurance shall contract with an independent third party with
11 expertise in analyzing health insurance premiums and costs to
12 perform an independent analysis of the impact coverage of the
13 team-based treatment models listed in this Section has had on
14 insurance premiums in Illinois. If premiums increased by more
15 than 1% annually solely due to coverage of these treatment
16 models, coverage of these models shall no longer be required.
17 (h) The Department of Insurance shall adopt any rules
18 necessary to implement the provisions of this Section by no
19 later than June 30, 2020.
20 (Source: P.A. 101-461, eff. 1-1-20; 102-558, eff. 8-20-21.)
21 Section 75. The Pharmacy Practice Act is amended by
22 changing Section 39.5 as follows:
23 (225 ILCS 85/39.5)
24 (Section scheduled to be repealed on January 1, 2028)
SB3722 Enrolled - 99 - LRB104 20597 KTG 34087 b
1 Sec. 39.5. Emergency kits.
2 (a) As used in this Section:
3 "Emergency kit" means a kit containing drugs that may be
4 required to meet the immediate therapeutic needs of a patient
5 and that are not available from any other source in sufficient
6 time to prevent the risk of harm to a patient by delay
7 resulting from obtaining the drugs from another source. An
8 automated dispensing and storage system may be used as an
9 emergency kit.
10 "Licensed facility" means an entity licensed under the
11 Nursing Home Care Act, the Hospital Licensing Act, or the
12 University of Illinois Hospital Act or a facility licensed
13 under the Illinois Department of Human Services, Division of
14 Substance Use Prevention and Recovery, for the prevention,
15 intervention, treatment, and recovery support of substance use
16 disorders or certified by the Illinois Department of Human
17 Services, Division of Mental Health for the treatment of
18 mental health.
19 "Offsite institutional pharmacy" means: (1) a pharmacy
20 that is not located in facilities it serves and whose primary
21 purpose is to provide services to patients or residents of
22 facilities licensed under the Nursing Home Care Act, the
23 Hospital Licensing Act, or the University of Illinois Hospital
24 Act; and (2) a pharmacy that is not located in the facilities
25 it serves and the facilities it serves are licensed under the
26 Illinois Department of Human Services, Division of Substance
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1 Use Prevention and Recovery, for the prevention, intervention,
2 treatment, and recovery support of substance use disorders or
3 certified under the Illinois Department of Human Services for
4 the treatment of mental illnesses health.
5 (b) An offsite institutional pharmacy may supply emergency
6 kits to a licensed facility.
7 (Source: P.A. 101-649, eff. 7-7-20.)
8 Section 80. The Telehealth Act is amended by changing
9 Section 5 as follows:
10 (225 ILCS 150/5)
11 Sec. 5. Definitions. As used in this Act:
12 "Asynchronous store and forward system" means the
13 transmission of a patient's medical information through an
14 electronic communications system at an originating site to a
15 health care professional or facility at a distant site that
16 does not require real-time or synchronous interaction between
17 the health care professional and the patient.
18 "Distant site" means the location at which the health care
19 professional rendering the telehealth service is located.
20 "Established patient" means a patient with a relationship
21 with a health care professional in which there has been an
22 exchange of an individual's protected health information for
23 the purpose of providing patient care, treatment, or services.
24 "E-visit" means a patient-initiated non-face-to-face
SB3722 Enrolled - 101 - LRB104 20597 KTG 34087 b
1 communication through an online patient portal between an
2 established patient and a health care professional.
3 "Facility" includes a facility that is owned or operated
4 by a hospital under the Hospital Licensing Act or University
5 of Illinois Hospital Act, a facility under the Nursing Home
6 Care Act, a rural health clinic, a federally qualified health
7 center, a local health department, a community mental health
8 center, a behavioral health clinic as defined in 89 Ill. Adm.
9 Code 140.453, an encounter rate clinic, a skilled nursing
10 facility, a substance use treatment program licensed by the
11 Division of Substance Use Prevention and Recovery of the
12 Department of Human Services, a school-based health center as
13 defined in 77 Ill. Adm. Code 641.10, a physician's office, a
14 podiatrist's office, a supportive living program provider, a
15 hospice provider, home health agency, or home nursing agency
16 under the Home Health, Home Services, and Home Nursing Agency
17 Licensing Act, a facility under the ID/DD Community Care Act,
18 community-integrated living arrangements as defined in the
19 Community-Integrated Living Arrangements Licensure and
20 Certification Act, and a provider who receives reimbursement
21 for a patient's room and board.
22 "Health care professional" includes, but is not limited
23 to, physicians, physician assistants, optometrists, advanced
24 practice registered nurses, clinical psychologists licensed in
25 Illinois, prescribing psychologists licensed in Illinois,
26 dentists, occupational therapists, pharmacists, physical
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1 therapists, clinical social workers, speech-language
2 pathologists, audiologists, hearing instrument dispensers,
3 licensed certified substance use disorder treatment providers
4 and clinicians, and mental health professionals and clinicians
5 authorized by Illinois law to provide mental health services,
6 and qualified providers listed under paragraph (8) of
7 subsection (e) of Section 3 of the Early Intervention Services
8 System Act, dietitian nutritionists licensed in Illinois, and
9 health care professionals associated with a facility.
10 "Interactive telecommunications system" means an audio and
11 video system, an audio-only telephone system (landline or
12 cellular), or any other telecommunications system permitting
13 2-way, synchronous interactive communication between a patient
14 at an originating site and a health care professional or
15 facility at a distant site. "Interactive telecommunications
16 system" does not include a facsimile machine, electronic mail
17 messaging, or text messaging.
18 "Originating site" means the location at which the patient
19 is located at the time telehealth services are provided to the
20 patient via telehealth.
21 "Remote patient monitoring" means the use of connected
22 digital technologies or mobile medical devices to collect
23 medical and other health data from a patient at one location
24 and electronically transmit that data to a health care
25 professional or facility at a different location for
26 collection and interpretation.
SB3722 Enrolled - 103 - LRB104 20597 KTG 34087 b
1 "Telehealth services" means the evaluation, diagnosis, or
2 interpretation of electronically transmitted patient-specific
3 data between a remote location and a licensed health care
4 professional that generates interaction or treatment
5 recommendations. "Telehealth services" includes telemedicine
6 and the delivery of health care services, including mental
7 health treatment and substance use disorder treatment and
8 services to a patient, regardless of patient location,
9 provided by way of an interactive telecommunications system,
10 asynchronous store and forward system, remote patient
11 monitoring technologies, e-visits, or virtual check-ins.
12 "Virtual check-in" means a brief patient-initiated
13 communication using a technology-based service, excluding
14 facsimile, between an established patient and a health care
15 professional. "Virtual check-in" does not include
16 communications from a related office visit provided within the
17 previous 7 days, nor communications that lead to an office
18 visit or procedure within the next 24 hours or soonest
19 available appointment.
20 (Source: P.A. 101-81, eff. 7-12-19; 101-84, eff. 7-19-19;
21 102-104, eff. 7-22-21.)
22 Section 85. The Illinois Public Aid Code is amended by
23 changing Sections 5-5.05f, 5-5.12, 5-5.12f, 5-5.23, 5-5.25,
24 5-44, 5-45, 5-47, and 5-50 as follows:
SB3722 Enrolled - 104 - LRB104 20597 KTG 34087 b
1 (305 ILCS 5/5-5.05f)
2 Sec. 5-5.05f. Medicaid coverage for peer recovery support
3 services. On or before January 1, 2023, the Department shall
4 seek approval from the federal Centers for Medicare and
5 Medicaid Services to cover peer recovery support services
6 under the medical assistance program when rendered by
7 certified peer support specialists for the purposes of
8 supporting the recovery of individuals receiving substance use
9 disorder treatment. As used in this Section, "certified peer
10 support specialist" means an individual who:
11 (1) is a self-identified current or former recipient
12 of substance use disorder services who has the ability to
13 support other individuals diagnosed with a substance use
14 disorder;
15 (2) is affiliated with a substance use prevention and
16 recovery provider agency that is licensed by the
17 Department of Human Services Services' Division of
18 Substance Use Prevention and Recovery; and
19 (A) is certified in accordance with applicable
20 State law to provide peer recovery support services in
21 substance use disorder settings; or
22 (B) is certified as qualified to furnish peer
23 support services under a certification process
24 consistent with the National Practice Guidelines for
25 Peer Supporters and inclusive of the core competencies
26 identified by the Substance Abuse and Mental Health
SB3722 Enrolled - 105 - LRB104 20597 KTG 34087 b
1 Services Administration in the Core Competencies for
2 Peer Workers in Behavioral Health Services.
3 (Source: P.A. 102-1037, eff. 6-2-22.)
4 (305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
5 Sec. 5-5.12. Pharmacy payments.
6 (a) Every request submitted by a pharmacy for
7 reimbursement under this Article for prescription drugs
8 provided to a recipient of aid under this Article shall
9 include the name of the prescriber or an acceptable
10 identification number as established by the Department.
11 (b) Pharmacies providing prescription drugs under this
12 Article shall be reimbursed at a rate which shall include a
13 professional dispensing fee as determined by the Illinois
14 Department, plus the current acquisition cost of the
15 prescription drug dispensed. The Illinois Department shall
16 update its information on the acquisition costs of all
17 prescription drugs no less frequently than every 30 days.
18 However, the Illinois Department may set the rate of
19 reimbursement for the acquisition cost, by rule, at a
20 percentage of the current average wholesale acquisition cost.
21 (c) (Blank).
22 (d) The Department shall review utilization of narcotic
23 medications in the medical assistance program and impose
24 utilization controls that protect against abuse.
25 (e) When making determinations as to which drugs shall be
SB3722 Enrolled - 106 - LRB104 20597 KTG 34087 b
1 on a prior approval list, the Department shall include as part
2 of the analysis for this determination, the degree to which a
3 drug may affect individuals in different ways based on factors
4 including the gender of the person taking the medication.
5 (f) The Department shall cooperate with the Department of
6 Public Health and the Department of Human Services Division of
7 Mental Health in identifying psychotropic medications that,
8 when given in a particular form, manner, duration, or
9 frequency (including "as needed") in a dosage, or in
10 conjunction with other psychotropic medications to a nursing
11 home resident or to a resident of a facility licensed under the
12 ID/DD Community Care Act or the MC/DD Act, may constitute a
13 chemical restraint or an "unnecessary drug" as defined by the
14 Nursing Home Care Act or Titles XVIII and XIX of the Social
15 Security Act and the implementing rules and regulations. The
16 Department shall require prior approval for any such
17 medication prescribed for a nursing home resident or to a
18 resident of a facility licensed under the ID/DD Community Care
19 Act or the MC/DD Act, that appears to be a chemical restraint
20 or an unnecessary drug. The Department shall consult with the
21 Department of Human Services Division of Mental Health in
22 developing a protocol and criteria for deciding whether to
23 grant such prior approval.
24 (g) The Department may by rule provide for reimbursement
25 of the dispensing of a 90-day supply of a generic or brand
26 name, non-narcotic maintenance medication in circumstances
SB3722 Enrolled - 107 - LRB104 20597 KTG 34087 b
1 where it is cost effective.
2 (g-5) On and after July 1, 2012, the Department may
3 require the dispensing of drugs to nursing home residents be
4 in a 7-day supply or other amount less than a 31-day supply.
5 The Department shall pay only one dispensing fee per 31-day
6 supply.
7 (h) Effective July 1, 2011, the Department shall
8 discontinue coverage of select over-the-counter drugs,
9 including analgesics and cough and cold and allergy
10 medications.
11 (h-5) On and after July 1, 2012, the Department shall
12 impose utilization controls, including, but not limited to,
13 prior approval on specialty drugs, oncolytic drugs, drugs for
14 the treatment of HIV or AIDS, immunosuppressant drugs, and
15 biological products in order to maximize savings on these
16 drugs. The Department may adjust payment methodologies for
17 non-pharmacy billed drugs in order to incentivize the
18 selection of lower-cost drugs. For drugs for the treatment of
19 AIDS, the Department shall take into consideration the
20 potential for non-adherence by certain populations, and shall
21 develop protocols with organizations or providers primarily
22 serving those with HIV/AIDS, as long as such measures intend
23 to maintain cost neutrality with other utilization management
24 controls such as prior approval. For hemophilia, the
25 Department shall develop a program of utilization review and
26 control which may include, in the discretion of the
SB3722 Enrolled - 108 - LRB104 20597 KTG 34087 b
1 Department, prior approvals. The Department may impose special
2 standards on providers that dispense blood factors which shall
3 include, in the discretion of the Department, staff training
4 and education; patient outreach and education; case
5 management; in-home patient assessments; assay management;
6 maintenance of stock; emergency dispensing timeframes; data
7 collection and reporting; dispensing of supplies related to
8 blood factor infusions; cold chain management and packaging
9 practices; care coordination; product recalls; and emergency
10 clinical consultation. The Department may require patients to
11 receive a comprehensive examination annually at an appropriate
12 provider in order to be eligible to continue to receive blood
13 factor.
14 (i) On and after July 1, 2012, the Department shall reduce
15 any rate of reimbursement for services or other payments or
16 alter any methodologies authorized by this Code to reduce any
17 rate of reimbursement for services or other payments in
18 accordance with Section 5-5e.
19 (j) On and after July 1, 2012, the Department shall impose
20 limitations on prescription drugs such that the Department
21 shall not provide reimbursement for more than 4 prescriptions,
22 including 3 brand name prescriptions, for distinct drugs in a
23 30-day period, unless prior approval is received for all
24 prescriptions in excess of the 4-prescription limit. Drugs in
25 the following therapeutic classes shall not be subject to
26 prior approval as a result of the 4-prescription limit:
SB3722 Enrolled - 109 - LRB104 20597 KTG 34087 b
1 immunosuppressant drugs, oncolytic drugs, anti-retroviral
2 drugs, and, on or after July 1, 2014, antipsychotic drugs. On
3 or after July 1, 2014, the Department may exempt children with
4 complex medical needs enrolled in a care coordination entity
5 contracted with the Department to solely coordinate care for
6 such children, if the Department determines that the entity
7 has a comprehensive drug reconciliation program.
8 (k) No medication therapy management program implemented
9 by the Department shall be contrary to the provisions of the
10 Pharmacy Practice Act.
11 (l) Any provider enrolled with the Department that bills
12 the Department for outpatient drugs and is eligible to enroll
13 in the federal Drug Pricing Program under Section 340B of the
14 federal Public Health Service Act shall enroll in that
15 program. No entity participating in the federal Drug Pricing
16 Program under Section 340B of the federal Public Health
17 Service Act may exclude fee-for-service Medicaid from their
18 participation in that program, however, entities defined in
19 Section 1905(l)(2)(B) of the Social Security Act are excluded
20 from this requirement. This subsection does not apply to
21 outpatient drugs billed to Medicaid managed care
22 organizations.
23 (Source: P.A. 102-558, eff. 8-20-21; 102-778, eff. 7-1-22.)
24 (305 ILCS 5/5-5.12f)
25 Sec. 5-5.12f. Prescription drugs for mental illness; no
SB3722 Enrolled - 110 - LRB104 20597 KTG 34087 b
1 utilization or prior approval mandates.
2 (a) Notwithstanding any other provision of this Code to
3 the contrary, except as otherwise provided in subsection (b),
4 for the purpose of removing barriers to the timely treatment
5 of serious mental illnesses, prior authorization mandates and
6 utilization management controls shall not be imposed under the
7 fee-for-service and managed care medical assistance programs
8 on any FDA-approved prescription drug that is recognized by a
9 generally accepted standard medical reference as effective in
10 the treatment of conditions specified in the most recent
11 Diagnostic and Statistical Manual of Mental Disorders
12 published by the American Psychiatric Association if a
13 preferred or non-preferred drug is prescribed to an adult
14 patient to treat serious mental illness and one of the
15 following applies:
16 (1) the patient has changed providers, including, but
17 not limited to, a change from an inpatient to an
18 outpatient provider, and is stable on the drug that has
19 been previously prescribed, and received prior
20 authorization, if required;
21 (2) the patient has changed Medical assistance program
22 or managed care plan coverage and is stable on the drug
23 that has been previously prescribed and received prior
24 authorization under the previous source of coverage; or
25 (3) subject to federal law on maximum dosage limits
26 and safety edits adopted by the Department's Drug and
SB3722 Enrolled - 111 - LRB104 20597 KTG 34087 b
1 Therapeutics Board, including those safety edits and
2 limits needed to comply with federal requirements
3 contained in 42 CFR 456.703, the patient has previously
4 been prescribed and obtained prior authorization for the
5 drug and the prescription modifies the dosage, dosage
6 frequency, or both, of the drug as part of the same
7 treatment for which the drug was previously prescribed.
8 (b) The following safety edits shall be permitted for
9 prescription drugs covered under this Section:
10 (1) clinically appropriate drug utilization review
11 (DUR) edits, including, but not limited to, drug-to-drug,
12 drug-age, and drug-dose;
13 (2) generic drug substitution if a generic drug is
14 available for the prescribed medication in the same dosage
15 and formulation; and
16 (3) any utilization management control that is
17 necessary for the Department to comply with any current
18 consent decrees or federal waivers.
19 (c) As used in this Section, "serious mental illness"
20 means any one or more of the following diagnoses and
21 International Classification of Diseases, Tenth Revision,
22 Clinical Modification (ICD-10-CM) codes listed by the
23 Department of Human Services' Division of Behavioral Health
24 and Recovery Services' Division of Mental Health, as amended,
25 on its official website:
26 (1) Delusional Disorder (F22)
SB3722 Enrolled - 112 - LRB104 20597 KTG 34087 b
1 (2) Brief Psychotic Disorder (F23)
2 (3) Schizophreniform Disorder (F20.81)
3 (4) Schizophrenia (F20.9)
4 (5) Schizoaffective Disorder (F25.x)
5 (6) Catatonia Associated with Another Mental Disorder
6 (Catatonia Specifier) (F06.1)
7 (7) Other Specified Schizophrenia Spectrum and Other
8 Psychotic Disorder (F28)
9 (8) Unspecified Schizophrenia Spectrum and Other
10 Psychotic Disorder (F29)
11 (9) Bipolar I Disorder (F31.xx)
12 (10) Bipolar II Disorder (F31.81)
13 (11) Cyclothymic Disorder (F34.0)
14 (12) Unspecified Bipolar and Related Disorder (F31.9)
15 (13) Disruptive Mood Dysregulation Disorder (F34.8)
16 (14) Major Depressive Disorder Single episode (F32.xx)
17 (15) Major Depressive Disorder, Recurrent episode
18 (F33.xx)
19 (16) Obsessive-Compulsive Disorder (F42)
20 (17) Posttraumatic Stress Disorder (F43.10)
21 (18) Anorexia Nervosa (F50.0x)
22 (19) Bulimia Nervosa (F50.2)
23 (20) Postpartum Depression (F53.0)
24 (21) Puerperal Psychosis (F53.1)
25 (22) Factitious Disorder Imposed on Another (F68.A)
26 (d) Notwithstanding any other provision of law, nothing in
SB3722 Enrolled - 113 - LRB104 20597 KTG 34087 b
1 this Section shall not be construed to conflict with Section
2 1927(a)(1) and (b)(1)(A) of the federal Social Security Act
3 and any implementing regulations and agreements.
4 (e) The Department shall publish a report semi-annually on
5 its website on compliance with the conditions of this Section
6 by the fee-for-service program and managed care organizations
7 beginning with dates of service on and after July 1, 2025.
8 These reports shall be due 12 months after the end of the
9 period to be reported. These reports shall include:
10 (1) The number of clinically denied prescriptions
11 summarized by each of the allowed categories specified in
12 subsection (b). This paragraph shall include the number of
13 prior authorization denials.
14 (2) The number of clinically denied prescriptions as
15 summarized by each of the nonallowed categories specified
16 in subsection (a), categorized by denial reason.
17 (3) The number of prior authorizations of
18 prescriptions contrary to the prohibition described in
19 subsection (a).
20 (4) The number of complaints filed concerning denials
21 for prescriptions, which meet the conditions specified in
22 subsection (a).
23 (5) The number of approved and paid prescriptions
24 described in subsection (a) and the potential net cost to
25 the State.
26 (6) The number of persons enrolled in the medical
SB3722 Enrolled - 114 - LRB104 20597 KTG 34087 b
1 assistance program using emergency room services based on
2 categories specified in subsection (c) as the primary
3 diagnosis for the emergency room visit.
4 (7) The number of persons admitted into a hospital and
5 the number of hospital readmissions, based on categories
6 specified in subsection (c) as the primary diagnosis for
7 the hospital admission or readmission.
8 As used in this Section, "net cost" means the difference
9 in total ingredient cost due to changes in product mix plus
10 total loss in aggregate rebate revenue based on product mix
11 realized in Fiscal Year 2025. Nothing in this Section shall
12 require the Department to disclose information that is exempt
13 from disclosure under paragraph (g) of subsection (1) of
14 Section 7 of the Freedom of Information Act.
15 For purposes of this Section, a hospital readmission
16 occurs when a patient is discharged from a hospital and then
17 admitted into the same or another hospital within 30 days of
18 discharge for the same primary diagnosis.
19 (Source: P.A. 103-593, eff. 6-7-24; 104-9, eff. 6-16-25.)
20 (305 ILCS 5/5-5.23)
21 Sec. 5-5.23. Children's mental health services.
22 (a) The Department of Healthcare and Family Services, by
23 rule, shall require the screening and assessment of a child
24 prior to any Medicaid-funded admission to an inpatient
25 hospital for psychiatric services to be funded by Medicaid.
SB3722 Enrolled - 115 - LRB104 20597 KTG 34087 b
1 The screening and assessment shall include a determination of
2 the appropriateness and availability of out-patient support
3 services for necessary treatment. The Department, by rule,
4 shall establish methods and standards of payment for the
5 screening, assessment, and necessary alternative support
6 services.
7 (b) The Department of Healthcare and Family Services, to
8 the extent allowable under federal law, shall secure federal
9 financial participation for Individual Care Grant expenditures
10 made by the Department of Healthcare and Family Services for
11 the Medicaid optional service authorized under Section 1905(h)
12 of the federal Social Security Act, pursuant to the provisions
13 of Section 7.1 of the Mental Health and Developmental
14 Disabilities Administrative Act. The Department of Healthcare
15 and Family Services may exercise the authority under this
16 Section as is necessary to administer Individual Care Grants
17 as authorized under Section 7.1 of the Mental Health and
18 Developmental Disabilities Administrative Act.
19 (c) The Department of Healthcare and Family Services shall
20 work collaboratively with the Department of Children and
21 Family Services and the Division of Mental Health of the
22 Department of Human Services to implement subsections (a) and
23 (b).
24 (d) On and after July 1, 2012, the Department shall reduce
25 any rate of reimbursement for services or other payments or
26 alter any methodologies authorized by this Code to reduce any
SB3722 Enrolled - 116 - LRB104 20597 KTG 34087 b
1 rate of reimbursement for services or other payments in
2 accordance with Section 5-5e.
3 (e) All rights, powers, duties, and responsibilities
4 currently exercised by the Department of Human Services
5 related to the Individual Care Grant program are transferred
6 to the Department of Healthcare and Family Services with the
7 transfer and transition of the Individual Care Grant program
8 to the Department of Healthcare and Family Services to be
9 completed and implemented within 6 months after the effective
10 date of this amendatory Act of the 99th General Assembly. For
11 the purposes of the Successor Agency Act, the Department of
12 Healthcare and Family Services is declared to be the successor
13 agency of the Department of Human Services, but only with
14 respect to the functions of the Department of Human Services
15 that are transferred to the Department of Healthcare and
16 Family Services under this amendatory Act of the 99th General
17 Assembly.
18 (1) Each act done by the Department of Healthcare and
19 Family Services in exercise of the transferred powers,
20 duties, rights, and responsibilities shall have the same
21 legal effect as if done by the Department of Human
22 Services or its offices.
23 (2) Any rules of the Department of Human Services that
24 relate to the functions and programs transferred by this
25 amendatory Act of the 99th General Assembly that are in
26 full force on the effective date of this amendatory Act of
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1 the 99th General Assembly shall become the rules of the
2 Department of Healthcare and Family Services. All rules
3 transferred under this amendatory Act of the 99th General
4 Assembly are hereby amended such that the term
5 "Department" shall be defined as the Department of
6 Healthcare and Family Services and all references to the
7 "Secretary" shall be changed to the "Director of
8 Healthcare and Family Services or his or her designee". As
9 soon as practicable hereafter, the Department of
10 Healthcare and Family Services shall revise and clarify
11 the rules to reflect the transfer of rights, powers,
12 duties, and responsibilities affected by this amendatory
13 Act of the 99th General Assembly, using the procedures for
14 recodification of rules available under the Illinois
15 Administrative Procedure Act, except that existing title,
16 part, and section numbering for the affected rules may be
17 retained. The Department of Healthcare and Family
18 Services, consistent with its authority to do so as
19 granted by this amendatory Act of the 99th General
20 Assembly, shall propose and adopt any other rules under
21 the Illinois Administrative Procedure Act as necessary to
22 administer the Individual Care Grant program. These rules
23 may include, but are not limited to, the application
24 process and eligibility requirements for recipients.
25 (3) All unexpended appropriations and balances and
26 other funds available for use in connection with any
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1 functions of the Individual Care Grant program shall be
2 transferred for the use of the Department of Healthcare
3 and Family Services to operate the Individual Care Grant
4 program. Unexpended balances shall be expended only for
5 the purpose for which the appropriation was originally
6 made. The Department of Healthcare and Family Services
7 shall exercise all rights, powers, duties, and
8 responsibilities for operation of the Individual Care
9 Grant program.
10 (4) Existing personnel and positions of the Department
11 of Human Services pertaining to the administration of the
12 Individual Care Grant program shall be transferred to the
13 Department of Healthcare and Family Services with the
14 transfer and transition of the Individual Care Grant
15 program to the Department of Healthcare and Family
16 Services. The status and rights of Department of Human
17 Services employees engaged in the performance of the
18 functions of the Individual Care Grant program shall not
19 be affected by this amendatory Act of the 99th General
20 Assembly. The rights of the employees, the State of
21 Illinois, and its agencies under the Personnel Code and
22 applicable collective bargaining agreements or under any
23 pension, retirement, or annuity plan shall not be affected
24 by this amendatory Act of the 99th General Assembly. All
25 transferred employees who are members of collective
26 bargaining units shall retain their seniority, continuous
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1 service, salary, and accrued benefits.
2 (5) All books, records, papers, documents, property
3 (real and personal), contracts, and pending business
4 pertaining to the powers, duties, rights, and
5 responsibilities related to the functions of the
6 Individual Care Grant program, including, but not limited
7 to, material in electronic or magnetic format and
8 necessary computer hardware and software, shall be
9 delivered to the Department of Healthcare and Family
10 Services; provided, however, that the delivery of this
11 information shall not violate any applicable
12 confidentiality constraints.
13 (6) Whenever reports or notices are now required to be
14 made or given or papers or documents furnished or served
15 by any person to or upon the Department of Human Services
16 in connection with any of the functions transferred by
17 this amendatory Act of the 99th General Assembly, the same
18 shall be made, given, furnished, or served in the same
19 manner to or upon the Department of Healthcare and Family
20 Services.
21 (7) This amendatory Act of the 99th General Assembly
22 shall not affect any act done, ratified, or canceled or
23 any right occurring or established or any action or
24 proceeding had or commenced in an administrative, civil,
25 or criminal cause regarding the Department of Human
26 Services before the effective date of this amendatory Act
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1 of the 99th General Assembly; and those actions or
2 proceedings may be defended, prosecuted, and continued by
3 the Department of Human Services.
4 (f) (Blank).
5 (g) Family Support Program. The Department of Healthcare
6 and Family Services shall restructure the Family Support
7 Program, formerly known as the Individual Care Grant program,
8 to enable early treatment of youth, emerging adults, and
9 transition-age adults with a serious mental illness or serious
10 emotional disturbance.
11 (1) As used in this subsection and in subsections (h)
12 through (s):
13 (A) "Youth" means a person under the age of 18.
14 (B) "Emerging adult" means a person who is 18
15 through 20 years of age.
16 (C) "Transition-age adult" means a person who is
17 21 through 25 years of age.
18 (2) The Department shall amend 89 Ill. Adm. Code 139
19 in accordance with this Section and consistent with the
20 timelines outlined in this Section.
21 (3) Implementation of any amended requirements shall
22 be completed within 8 months of the adoption of any
23 amendment to 89 Ill. Adm. Code 139 that is consistent with
24 the provisions of this Section.
25 (4) To align the Family Support Program with the
26 Medicaid system of care, the services available to a
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1 youth, emerging adult, or transition-age adult through the
2 Family Support Program shall include all Medicaid
3 community-based mental health treatment services and all
4 Family Support Program services included under 89 Ill.
5 Adm. Code 139. No person receiving services through the
6 Family Support Program or the Specialized Family Support
7 Program shall become a Medicaid enrollee unless Medicaid
8 eligibility criteria are met and the person is enrolled in
9 Medicaid. No part of this Section creates an entitlement
10 to services through the Family Support Program, the
11 Specialized Family Support Program, or the Medicaid
12 program.
13 (5) The Family Support Program shall align with the
14 following system of care principles:
15 (A) Treatment and support services shall be based
16 on the results of an integrated behavioral health
17 assessment and treatment plan using an instrument
18 approved by the Department of Healthcare and Family
19 Services.
20 (B) Strong interagency collaboration between all
21 State agencies the parent or legal guardian is
22 involved with for services, including the Department
23 of Healthcare and Family Services, the Department of
24 Human Services, the Department of Children and Family
25 Services, the Department of Juvenile Justice, and the
26 Illinois State Board of Education.
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1 (C) Individualized, strengths-based practices and
2 trauma-informed treatment approaches.
3 (D) For a youth, full participation of the parent
4 or legal guardian at all levels of treatment through a
5 process that is family-centered and youth-focused. The
6 process shall include consideration of the services
7 and supports the parent, legal guardian, or caregiver
8 requires for family stabilization, and shall connect
9 such person or persons to services based on available
10 insurance coverage.
11 (h) Eligibility for the Family Support Program.
12 Eligibility criteria established under 89 Ill. Adm. Code 139
13 for the Family Support Program shall include the following:
14 (1) Individuals applying to the program must be under
15 the age of 26.
16 (2) Requirements for parental or legal guardian
17 involvement are applicable to youth and to emerging adults
18 or transition-age adults who have a guardian appointed
19 under Article XIa of the Probate Act.
20 (3) Youth, emerging adults, and transition-age adults
21 are eligible for services under the Family Support Program
22 upon their third inpatient admission to a hospital or
23 similar treatment facility for the primary purpose of
24 psychiatric treatment within the most recent 12 months and
25 are hospitalized for the purpose of psychiatric treatment.
26 (4) School participation for emerging adults applying
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1 for services under the Family Support Program may be
2 waived by request of the individual at the sole discretion
3 of the Department of Healthcare and Family Services.
4 (5) School participation is not applicable to
5 transition-age adults.
6 (i) Notification of Family Support Program and Specialized
7 Family Support Program services.
8 (1) Within 12 months after the effective date of this
9 amendatory Act of the 101st General Assembly, the
10 Department of Healthcare and Family Services, with
11 meaningful stakeholder input through a working group of
12 psychiatric hospitals, Family Support Program providers,
13 family support organizations, the Community and
14 Residential Services Authority, a statewide association
15 representing a majority of hospitals, a statewide
16 association representing physicians, and foster care
17 alumni advocates, shall establish a clear process by which
18 a youth's or emerging adult's parents, guardian, or
19 caregiver, or the emerging adult or transition-age adult,
20 is identified, notified, and educated about the Family
21 Support Program and the Specialized Family Support Program
22 upon a first psychiatric inpatient hospital admission, and
23 any following psychiatric inpatient admissions.
24 Notification and education may take place through a Family
25 Support Program coordinator, a mobile crisis response
26 provider, a Comprehensive Community Based Youth Services
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1 provider, the Community and Residential Services
2 Authority, or any other designated provider or coordinator
3 identified by the Department of Healthcare and Family
4 Services. In developing this process, the Department of
5 Healthcare and Family Services and the working group shall
6 take into account the unique needs of emerging adults and
7 transition-age adults without parental involvement who are
8 eligible for services under the Family Support Program.
9 The Department of Healthcare and Family Services and the
10 working group shall ensure the appropriate provider or
11 coordinator is required to assist individuals and their
12 parents, guardians, or caregivers, as applicable, in the
13 completion of the application or referral process for the
14 Family Support Program or the Specialized Family Support
15 Program.
16 (2) (Blank)
17 (3) Psychiatric lockout as last resort.
18 (A) Prior to referring any youth to the Department
19 of Children and Family Services for the filing of a
20 petition in accordance with subparagraph (c) of
21 paragraph (1) of Section 2-4 of the Juvenile Court Act
22 of 1987 alleging that the youth is dependent because
23 the youth was left in a psychiatric hospital beyond
24 medical necessity, the hospital shall attempt to
25 contact the youth and the youth's parents, guardian,
26 or caregiver about the BEACON portal and shall assist
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1 with entering the youth's information into the BEACON
2 portal to begin the process of connecting the youth
3 and family to available resources.
4 (B) No state agency or hospital shall coach a
5 parent or guardian of a youth in a psychiatric
6 hospital inpatient unit to lock out or otherwise
7 relinquish custody of a youth to the Department of
8 Children and Family Services for the sole purpose of
9 obtaining necessary mental health treatment for the
10 youth. In the absence of abuse or neglect, a
11 psychiatric lockout or custody relinquishment to the
12 Department of Children and Family Services shall only
13 be considered as the option of last resort. Nothing in
14 this Section shall prohibit discussion of medical
15 treatment options or a referral to legal counsel.
16 (4) Development of new Family Support Program
17 services.
18 (A) Development of specialized therapeutic
19 residential treatment for youth and emerging adults
20 with high-acuity mental health conditions. Through a
21 working group led by the Department of Healthcare and
22 Family Services that includes the Department of
23 Children and Family Services and residential treatment
24 providers for youth and emerging adults, the
25 Department of Healthcare and Family Services, within
26 12 months after the effective date of this amendatory
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1 Act of the 101st General Assembly, shall develop a
2 plan for the development of specialized therapeutic
3 residential treatment beds similar to a qualified
4 residential treatment program, as defined in the
5 federal Family First Prevention Services Act, for
6 youth in the Family Support Program with high-acuity
7 mental health needs. The Department of Healthcare and
8 Family Services and the Department of Children and
9 Family Services shall work together to maximize
10 federal funding through Medicaid and Title IV-E of the
11 Social Security Act in the development and
12 implementation of this plan.
13 (B) Using the Department of Children and Family
14 Services' beyond medical necessity data over the last
15 5 years and any other relevant, available data, the
16 Department of Healthcare and Family Services shall
17 assess the estimated number of these specialized
18 high-acuity residential treatment beds that are needed
19 in each region of the State based on the number of
20 youth remaining in psychiatric hospitals beyond
21 medical necessity and the number of youth placed
22 out-of-state who need this level of care. The
23 Department of Healthcare and Family Services shall
24 report the results of this assessment to the General
25 Assembly by no later than December 31, 2020.
26 (C) Development of an age-appropriate therapeutic
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1 residential treatment model for emerging adults and
2 transition-age adults. Within 30 months after the
3 effective date of this amendatory Act of the 101st
4 General Assembly, the Department of Healthcare and
5 Family Services, in partnership with the Department of
6 Human Services Services' Division of Mental Health and
7 with significant and meaningful stakeholder input
8 through a working group of providers and other
9 stakeholders, shall develop a supportive housing model
10 for emerging adults and transition-age adults
11 receiving services through the Family Support Program
12 who need residential treatment and support to enable
13 recovery. Such a model shall be age-appropriate and
14 shall allow the residential component of the model to
15 be in a community-based setting combined with
16 intensive community-based mental health services.
17 (j) Workgroup to develop a plan for improving access to
18 substance use treatment. The Department of Healthcare and
19 Family Services and the Department of Human Services Services'
20 Division of Substance Use Prevention and Recovery shall
21 co-lead a working group that includes Family Support Program
22 providers, family support organizations, and other
23 stakeholders over a 12-month period beginning in the first
24 quarter of calendar year 2020 to develop a plan for increasing
25 access to substance use treatment services for youth, emerging
26 adults, and transition-age adults who are eligible for Family
SB3722 Enrolled - 128 - LRB104 20597 KTG 34087 b
1 Support Program services.
2 (k) Appropriation. Implementation of this Section shall be
3 limited by the State's annual appropriation to the Family
4 Support Program. Spending within the Family Support Program
5 appropriation shall be further limited for the new Family
6 Support Program services to be developed accordingly:
7 (1) Targeted use of specialized therapeutic
8 residential treatment for youth and emerging adults with
9 high-acuity mental health conditions through appropriation
10 limitation. No more than 12% of all annual Family Support
11 Program funds shall be spent on this level of care in any
12 given state fiscal year.
13 (2) Targeted use of residential treatment model
14 established for emerging adults and transition-age adults
15 through appropriation limitation. No more than one-quarter
16 of all annual Family Support Program funds shall be spent
17 on this level of care in any given state fiscal year.
18 (l) Exhausting third party insurance coverage first.
19 (A) A parent, legal guardian, emerging adult, or
20 transition-age adult with private insurance coverage shall
21 work with the Department of Healthcare and Family
22 Services, or its designee, to identify insurance coverage
23 for any and all benefits covered by their plan. If
24 insurance cost-sharing by any method for treatment is
25 cost-prohibitive for the parent, legal guardian, emerging
26 adult, or transition-age adult, Family Support Program
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1 funds may be applied as a payer of last resort toward
2 insurance cost-sharing for purposes of using private
3 insurance coverage to the fullest extent for the
4 recommended treatment. If the Department, or its agent,
5 has a concern relating to the parent's, legal guardian's,
6 emerging adult's, or transition-age adult's insurer's
7 compliance with Illinois or federal insurance requirements
8 relating to the coverage of mental health or substance use
9 disorders, it shall refer all relevant information to the
10 applicable regulatory authority.
11 (B) The Department of Healthcare and Family Services
12 shall use Medicaid funds first for an individual who has
13 Medicaid coverage if the treatment or service recommended
14 using an integrated behavioral health assessment and
15 treatment plan (using the instrument approved by the
16 Department of Healthcare and Family Services) is covered
17 by Medicaid.
18 (C) If private or public insurance coverage does not
19 cover the needed treatment or service, Family Support
20 Program funds shall be used to cover the services offered
21 through the Family Support Program.
22 (m) Service authorization. A youth, emerging adult, or
23 transition-age adult enrolled in the Family Support Program or
24 the Specialized Family Support Program shall be eligible to
25 receive a mental health treatment service covered by the
26 applicable program if the medical necessity criteria
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1 established by the Department of Healthcare and Family
2 Services are met.
3 (n) Streamlined application. The Department of Healthcare
4 and Family Services shall revise the Family Support Program
5 applications and the application process to reflect the
6 changes made to this Section by this amendatory Act of the
7 101st General Assembly within 8 months after the adoption of
8 any amendments to 89 Ill. Adm. Code 139.
9 (o) Study of reimbursement policies during planned and
10 unplanned absences of youth and emerging adults in Family
11 Support Program residential treatment settings. The Department
12 of Healthcare and Family Services shall undertake a study of
13 those standards of the Department of Children and Family
14 Services and other states for reimbursement of residential
15 treatment during planned and unplanned absences to determine
16 if reimbursing residential providers for such unplanned
17 absences positively impacts the availability of residential
18 treatment for youth and emerging adults. The Department of
19 Healthcare and Family Services shall begin the study on July
20 1, 2019 and shall report its findings and the results of the
21 study to the General Assembly, along with any recommendations
22 for or against adopting a similar policy, by December 31,
23 2020.
24 (p) Public awareness and educational campaign for all
25 relevant providers. The Department of Healthcare and Family
26 Services shall engage in a public awareness campaign to
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1 educate hospitals with psychiatric units, crisis response
2 providers such as Screening, Assessment and Support Services
3 providers and Comprehensive Community Based Youth Services
4 agencies, schools, and other community institutions and
5 providers across Illinois on the changes made by this
6 amendatory Act of the 101st General Assembly to the Family
7 Support Program. The Department of Healthcare and Family
8 Services shall produce written materials geared for the
9 appropriate target audience, develop webinars, and conduct
10 outreach visits over a 12-month period beginning after
11 implementation of the changes made to this Section by this
12 amendatory Act of the 101st General Assembly.
13 (q) Maximizing federal matching funds for the Family
14 Support Program and the Specialized Family Support Program.
15 The Department of Healthcare and Family Services, as the sole
16 Medicaid State agency, shall seek approval from the federal
17 Centers for Medicare and Medicaid Services within 12 months
18 after the effective date of this amendatory Act of the 101st
19 General Assembly to draw additional federal Medicaid matching
20 funds for individuals served under the Family Support Program
21 or the Specialized Family Support Program who are not covered
22 by the Department's medical assistance programs. The
23 Department of Children and Family Services, as the State
24 agency responsible for administering federal funds pursuant to
25 Title IV-E of the Social Security Act, shall submit a State
26 Plan to the federal government within 12 months after the
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1 effective date of this amendatory Act of the 101st General
2 Assembly to maximize the use of federal Title IV-E prevention
3 funds through the federal Family First Prevention Services
4 Act, to provide mental health and substance use disorder
5 treatment services and supports, including, but not limited
6 to, the provision of short-term crisis and transition beds
7 post-hospitalization for youth who are at imminent risk of
8 entering Illinois' youth welfare system solely due to the
9 inability to access mental health or substance use treatment
10 services.
11 (r) Outcomes and data reported annually to the General
12 Assembly. Beginning in 2021, the Department of Healthcare and
13 Family Services shall submit an annual report to the General
14 Assembly that includes the following information with respect
15 to the time period covered by the report:
16 (1) The number and ages of youth, emerging adults, and
17 transition-age adults who requested services under the
18 Family Support Program and the Specialized Family Support
19 Program and the services received.
20 (2) The number and ages of youth, emerging adults, and
21 transition-age adults who requested services under the
22 Specialized Family Support Program who were eligible for
23 services based on the number of hospitalizations.
24 (3) The number and ages of youth, emerging adults, and
25 transition-age adults who applied for Family Support
26 Program or Specialized Family Support Program services but
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1 did not receive any services.
2 (s) Rulemaking authority. Unless a timeline is otherwise
3 specified in a subsection, if amendments to 89 Ill. Adm. Code
4 139 are needed for implementation of this Section, such
5 amendments shall be filed by the Department of Healthcare and
6 Family Services within one year after the effective date of
7 this amendatory Act of the 101st General Assembly.
8 (Source: P.A. 104-32, eff. 1-1-26.)
9 (305 ILCS 5/5-5.25)
10 Sec. 5-5.25. Access to behavioral health, medical, and
11 epilepsy treatment services.
12 (a) The General Assembly finds that providing access to
13 behavioral health, medical, and epilepsy treatment services in
14 a timely manner will improve the quality of life for persons
15 suffering from illness and will contain health care costs by
16 avoiding the need for more costly inpatient hospitalization.
17 (b) The Department of Healthcare and Family Services shall
18 reimburse psychiatrists, federally qualified health centers as
19 defined in Section 1905(l)(2)(B) of the federal Social
20 Security Act, clinical psychologists, clinical social workers,
21 advanced practice registered nurses certified in psychiatric
22 and mental health nursing, and mental health professionals and
23 clinicians authorized by Illinois law to provide behavioral
24 health services to recipients via telehealth. The Department
25 shall reimburse epilepsy specialists, as defined by the
SB3722 Enrolled - 134 - LRB104 20597 KTG 34087 b
1 Department by rule, who are authorized by Illinois law to
2 provide epilepsy treatment services to persons with epilepsy
3 or related disorders via telehealth. The Department, by rule,
4 shall establish: (i) criteria for such services to be
5 reimbursed, including appropriate facilities and equipment to
6 be used at both sites and requirements for a physician or other
7 licensed health care professional to be present at the site
8 where the patient is located; however, the Department shall
9 not require that a physician or other licensed health care
10 professional be physically present in the same room as the
11 patient for the entire time during which the patient is
12 receiving telehealth services; (ii) a method to reimburse
13 providers for mental health services provided by telehealth;
14 and (iii) a method to reimburse providers for epilepsy
15 treatment services provided by telehealth.
16 (c) The Department shall reimburse any Medicaid certified
17 eligible facility or provider organization that acts as the
18 location of the patient at the time a telehealth service is
19 rendered, including substance abuse centers licensed by the
20 Department of Human Services Services' Division of Alcoholism
21 and Substance Abuse.
22 (d) On and after July 1, 2012, the Department shall reduce
23 any rate of reimbursement for services or other payments or
24 alter any methodologies authorized by this Code to reduce any
25 rate of reimbursement for services or other payments in
26 accordance with Section 5-5e.
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1 (Source: P.A. 101-81, eff. 7-12-19; 102-207, eff. 7-30-21.)
2 (305 ILCS 5/5-44)
3 Sec. 5-44. Screening, Brief Intervention, and Referral to
4 Treatment. As used in this Section, "SBIRT" means a
5 comprehensive, integrated, public health approach to the
6 delivery of early intervention and treatment services for
7 persons who are at risk of developing substance use disorders
8 or have substance use disorders including, but not limited to,
9 an addiction to alcohol, opioids, tobacco, or cannabis. SBIRT
10 services include all of the following:
11 (1) Screening to quickly assess the severity of
12 substance use and to identify the appropriate level of
13 treatment.
14 (2) Brief intervention focused on increasing insight
15 and awareness regarding substance use and motivation
16 toward behavioral change.
17 (3) Referral to treatment provided to those identified
18 as needing more extensive treatment with access to
19 specialty care.
20 SBIRT services may include, but are not limited to, the
21 following settings and programs: primary care centers,
22 hospital emergency rooms, hospital in-patient units, trauma
23 centers, community behavioral health programs, and other
24 community settings that provide opportunities for early
25 intervention with at-risk substance users before more severe
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1 consequences occur.
2 The Department of Healthcare and Family Services shall
3 develop and seek federal approval of a SBIRT benefit for which
4 qualified providers shall be reimbursed under the medical
5 assistance program.
6 In conjunction with the Department of Human Services
7 Services' Division of Substance Use Prevention and Recovery,
8 the Department of Healthcare and Family Services may develop a
9 methodology and reimbursement rate for SBIRT services provided
10 by qualified providers in approved settings.
11 For opioid specific SBIRT services provided in a hospital
12 emergency department, the Department of Healthcare and Family
13 Services shall develop a bundled reimbursement methodology and
14 rate for a package of opioid treatment services, which include
15 initiation of medication for the treatment of opioid use
16 disorder in the emergency department setting, including
17 assessment, referral to ongoing care, and arranging access to
18 supportive services when necessary. This package of opioid
19 related services shall be billed on a separate claim and shall
20 be reimbursed outside of the Enhanced Ambulatory Patient
21 Grouping system.
22 (Source: P.A. 102-598, eff. 1-1-22; 102-813, eff. 5-13-22.)
23 (305 ILCS 5/5-45)
24 Sec. 5-45. Reimbursement rates; substance use disorder
25 treatment providers and facilities. Beginning on July 1, 2022,
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1 the Department of Human Services Services' Division of
2 Substance Use Prevention and Recovery in conjunction with the
3 Department of Healthcare and Family Services, shall provide
4 for an increase in reimbursement rates by way of an increase to
5 existing rates of 47% for all community-based substance use
6 disorder treatment services, including, but not limited to,
7 all of the following:
8 (1) Admission and Discharge Assessment.
9 (2) Level 1 (Individual).
10 (3) Level 1 (Group).
11 (4) Level 2 (Individual).
12 (5) Level 2 (Group).
13 (6) Psychiatric/Diagnostic.
14 (7) Medication Monitoring (Individual).
15 (8) Methadone as an Adjunct to Treatment.
16 No existing or future reimbursement rates or add-ons shall
17 be reduced or changed to address the rate increase proposed
18 under this Section. The Department of Healthcare and Family
19 Services shall immediately, no later than 3 months following
20 April 19, 2022 (the effective date of Public Act 102-699),
21 submit any necessary application to the federal Centers for
22 Medicare and Medicaid Services for a waiver or State Plan
23 amendment to implement the requirements of this Section.
24 Beginning in State fiscal year 2023, and every State fiscal
25 year thereafter, reimbursement rates for those community-based
26 substance use disorder treatment services shall be adjusted
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1 upward by an amount equal to the Consumer Price Index-U from
2 the previous year, not to exceed 2% in any State fiscal year.
3 If there is a decrease in the Consumer Price Index-U, rates
4 shall remain unchanged for that State fiscal year. The
5 Department of Human Services shall adopt rules, including
6 emergency rules under Section 5-45.1 of the Illinois
7 Administrative Procedure Act, to implement the provisions of
8 this Section.
9 As used in this Section, "consumer price index-u" means
10 the index published by the Bureau of Labor Statistics of the
11 United States Department of Labor that measures the average
12 change in prices of goods and services purchased by all urban
13 consumers, United States city average, all items, 1982-84 =
14 100.
15 (Source: P.A. 102-699, eff. 4-19-22; 103-154, eff. 6-30-23.)
16 (305 ILCS 5/5-47)
17 Sec. 5-47. Medicaid reimbursement rates; substance use
18 disorder treatment providers and facilities.
19 (a) Beginning on January 1, 2024, subject to federal
20 approval, the Department of Healthcare and Family Services, in
21 conjunction with the Department of Human Services Services'
22 Division of Substance Use Prevention and Recovery, shall
23 provide a 30% increase in reimbursement rates for all
24 Medicaid-covered ASAM Level 3 residential/inpatient substance
25 use disorder treatment services.
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1 No existing or future reimbursement rates or add-ons shall
2 be reduced or changed to address this proposed rate increase.
3 No later than 3 months after June 16, 2023 (the effective date
4 of Public Act 103-102), the Department of Healthcare and
5 Family Services shall submit any necessary application to the
6 federal Centers for Medicare and Medicaid Services to
7 implement the requirements of this Section.
8 (a-5) Beginning in State fiscal year 2025, and every State
9 fiscal year thereafter, reimbursement rates for licensed or
10 certified substance use disorder treatment providers of ASAM
11 Level 3 residential/inpatient services for persons with
12 substance use disorders shall be adjusted upward by an amount
13 equal to the Consumer Price Index-U from the previous year,
14 not to exceed 2% in any State fiscal year. If there is a
15 decrease in the Consumer Price Index-U, rates shall remain
16 unchanged for that State fiscal year. The Department shall
17 adopt rules, including emergency rules, in accordance with the
18 Illinois Administrative Procedure Act, to implement the
19 provisions of this Section.
20 As used in this Section, "Consumer Price Index-U" means
21 the index published by the Bureau of Labor Statistics of the
22 United States Department of Labor that measures the average
23 change in prices of goods and services purchased by all urban
24 consumers, United States city average, all items, 1982-84 =
25 100.
26 (b) Parity in community-based behavioral health rates;
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1 implementation plan for cost reporting. For the purpose of
2 understanding behavioral health services cost structures and
3 their impact on the Medical Assistance Program, the Department
4 of Healthcare and Family Services shall engage stakeholders to
5 develop a plan for the regular collection of cost reporting
6 for all entity-based substance use disorder providers. Data
7 shall be used to inform on the effectiveness and efficiency of
8 Illinois Medicaid rates. The Department and stakeholders shall
9 develop a plan by April 1, 2024. The Department shall engage
10 stakeholders on implementation of the plan. The plan, at
11 minimum, shall consider all of the following:
12 (1) Alignment with certified community behavioral
13 health clinic requirements, standards, policies, and
14 procedures.
15 (2) Inclusion of prospective costs to measure what is
16 needed to increase services and capacity.
17 (3) Consideration of differences in collection and
18 policies based on the size of providers.
19 (4) Consideration of additional administrative time
20 and costs.
21 (5) Goals, purposes, and usage of data collected from
22 cost reports.
23 (6) Inclusion of qualitative data in addition to
24 quantitative data.
25 (7) Technical assistance for providers for completing
26 cost reports including initial training by the Department
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1 for providers.
2 (8) Implementation of a timeline which allows an
3 initial grace period for providers to adjust internal
4 procedures and data collection.
5 Details from collected cost reports shall be made publicly
6 available on the Department's website and costs shall be used
7 to ensure the effectiveness and efficiency of Illinois
8 Medicaid rates.
9 (c) Reporting; access to substance use disorder treatment
10 services and recovery supports. By no later than April 1,
11 2024, the Department of Healthcare and Family Services, with
12 input from the Department of Human Services Services' Division
13 of Substance Use Prevention and Recovery, shall submit a
14 report to the General Assembly regarding access to treatment
15 services and recovery supports for persons diagnosed with a
16 substance use disorder. The report shall include, but is not
17 limited to, the following information:
18 (1) The number of providers enrolled in the Illinois
19 Medical Assistance Program certified to provide substance
20 use disorder treatment services, aggregated by ASAM level
21 of care, and recovery supports.
22 (2) The number of Medicaid customers in Illinois with
23 a diagnosed substance use disorder receiving substance use
24 disorder treatment, aggregated by provider type and ASAM
25 level of care.
26 (3) A comparison of Illinois' substance use disorder
SB3722 Enrolled - 142 - LRB104 20597 KTG 34087 b
1 licensure and certification requirements with those of
2 comparable state Medicaid programs.
3 (4) Recommendations for and an analysis of the impact
4 of aligning reimbursement rates for outpatient substance
5 use disorder treatment services with reimbursement rates
6 for community-based mental health treatment services.
7 (5) Recommendations for expanding substance use
8 disorder treatment to other qualified provider entities
9 and licensed professionals of the healing arts. The
10 recommendations shall include an analysis of the
11 opportunities to maximize the flexibilities permitted by
12 the federal Centers for Medicare and Medicaid Services for
13 expanding access to the number and types of qualified
14 substance use disorder providers.
15 (Source: P.A. 103-102, eff. 6-16-23; 103-588, eff. 6-5-24;
16 103-605, eff. 7-1-24.)
17 (305 ILCS 5/5-50)
18 Sec. 5-50. Coverage for mental health and substance use
19 disorder telehealth services.
20 (a) As used in this Section:
21 "Behavioral health care professional" has the meaning
22 given to "health care professional" in Section 5 of the
23 Telehealth Act, but only with respect to professionals
24 licensed or certified by the Division of Mental Health or
25 Division of Substance Use Prevention and Recovery of the
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1 Department of Human Services engaged in the delivery of mental
2 health or substance use disorder treatment or services at a
3 provider licensed or certified by the Department of Human
4 Services.
5 "Behavioral health facility" means a community mental
6 health center, a behavioral health clinic, a substance use
7 disorder treatment program, or a facility or provider licensed
8 or certified by the Division of Mental Health or Division of
9 Substance Use Prevention and Recovery of the Department of
10 Human Services.
11 "Behavioral telehealth services" has the meaning given to
12 the term "telehealth services" in Section 5 of the Telehealth
13 Act, but limited solely to mental health and substance use
14 disorder treatment or services to a patient, regardless of
15 patient location.
16 "Distant site" has the meaning given to that term in
17 Section 5 of the Telehealth Act.
18 "Originating site" has the meaning given to that term in
19 Section 5 of the Telehealth Act.
20 (b) The Department and any managed care plans under
21 contract with the Department for the medical assistance
22 program shall provide for coverage of mental health and
23 substance use disorder treatment or services delivered as
24 behavioral telehealth services as specified in this Section.
25 The Department and any managed care plans under contract with
26 the Department for the medical assistance program may also
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1 provide reimbursement to a behavioral health facility that
2 serves as the originating site at the time a behavioral
3 telehealth service is rendered.
4 (c) To ensure behavioral telehealth services are equitably
5 provided, coverage required under this Section shall comply
6 with all of the following:
7 (1) The Department and any managed care plans under
8 contract with the Department for the medical assistance
9 program shall not:
10 (A) require that in-person contact occur between a
11 behavioral health care professional and a patient
12 before the provision of a behavioral telehealth
13 service;
14 (B) require patients, behavioral health care
15 professionals, or behavioral health facilities to
16 prove or document a hardship or access barrier to an
17 in-person consultation for coverage and reimbursement
18 of behavioral telehealth services;
19 (C) require the use of behavioral telehealth
20 services when the behavioral health care professional
21 has determined that it is not appropriate;
22 (D) require the use of behavioral telehealth
23 services when a patient chooses an in-person
24 consultation;
25 (E) require a behavioral health care professional
26 to be physically present in the same room as the
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1 patient at the originating site, unless deemed
2 medically necessary by the behavioral health care
3 professional providing the behavioral telehealth
4 service;
5 (F) create geographic or facility restrictions or
6 requirements for behavioral telehealth services;
7 (G) require behavioral health care professionals
8 or behavioral health facilities to offer or provide
9 behavioral telehealth services;
10 (H) require patients to use behavioral telehealth
11 services or require patients to use a separate panel
12 of behavioral health care professionals or behavioral
13 health facilities to receive behavioral telehealth
14 services; or
15 (I) impose upon behavioral telehealth services
16 utilization review requirements that are unnecessary,
17 duplicative, or unwarranted or impose any treatment
18 limitations, prior authorization, documentation, or
19 recordkeeping requirements that are more stringent
20 than the requirements applicable to the same
21 behavioral health care service when rendered
22 in-person, except that procedure code modifiers may be
23 required to document behavioral telehealth.
24 (2) Any cost sharing applicable to services provided
25 through behavioral telehealth shall not exceed the cost
26 sharing required by the medical assistance program for the
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1 same services provided through in-person consultation.
2 (3) The Department and any managed care plans under
3 contract with the Department for the medical assistance
4 program shall notify behavioral health care professionals
5 and behavioral health facilities of any instructions
6 necessary to facilitate billing for behavioral telehealth
7 services.
8 (d) For purposes of reimbursement, the Department and any
9 managed care plans under contract with the Department for the
10 medical assistance program shall reimburse a behavioral health
11 care professional or behavioral health facility for behavioral
12 telehealth services on the same basis, in the same manner, and
13 at the same reimbursement rate that would apply to the
14 services if the services had been delivered via an in-person
15 encounter by a behavioral health care professional or
16 behavioral health facility. This subsection applies only to
17 those services provided by behavioral telehealth that may
18 otherwise be billed as an in-person service.
19 (e) Behavioral health care professionals and behavioral
20 health facilities shall determine the appropriateness of
21 specific sites, technology platforms, and technology vendors
22 for a behavioral telehealth service, as long as delivered
23 services adhere to all federal and State privacy, security,
24 and confidentiality laws, rules, or regulations, including,
25 but not limited to, the Health Insurance Portability and
26 Accountability Act of 1996, 42 CFR Part 2, and the Mental
SB3722 Enrolled - 147 - LRB104 20597 KTG 34087 b
1 Health and Developmental Disabilities Confidentiality Act.
2 (f) Nothing in this Section shall be deemed as precluding
3 the Department and any managed care plans under contract with
4 the Department for the medical assistance program from
5 providing benefits for other telehealth services.
6 (g) There shall be no restrictions on originating site
7 requirements for behavioral telehealth coverage or
8 reimbursement to the distant site under this Section other
9 than requiring the behavioral telehealth services to be
10 medically necessary and clinically appropriate.
11 (h) Nothing in this Section shall be deemed as precluding
12 the Department and any managed care plans under contract with
13 the Department for the medical assistance program from
14 establishing limits on the use of telehealth for a particular
15 behavioral health service when the limits are consistent with
16 generally accepted standards of mental, emotional, nervous, or
17 substance use disorder or condition care.
18 (i) The Department may adopt rules to implement the
19 provisions of this Section.
20 (Source: P.A. 103-243, eff. 1-1-24; 103-605, eff. 7-1-24.)
21 Section 90. The Early Mental Health and Addictions
22 Treatment Act is amended by changing Sections 5 and 10 as
23 follows:
24 (305 ILCS 65/5)
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1 Sec. 5. Medicaid Pilot Program; early treatment for youth
2 and young adults.
3 (a) The General Assembly finds as follows:
4 (1) Most mental health conditions begin in adolescence
5 and young adulthood, yet it can take an average of 10 years
6 before the right diagnosis and treatment are received.
7 (2) Over 850,000 Illinois youth under age 25 will
8 experience a mental health condition.
9 (3) Early treatment of significant mental health
10 conditions can enable wellness and recovery and prevent a
11 life of disability or early death from suicide.
12 (4) Early treatment leads to higher rates of school
13 completion and employment.
14 (5) Illinois' mental health system is aimed at adults
15 with advanced mental illnesses who have become disabled,
16 rather than focusing on youth in the early stages of a
17 mental health condition to prevent progression.
18 (6) Many states are implementing programs and services
19 for the early treatment of significant mental health
20 conditions in youth.
21 (7) The cost of early community-based treatment is a
22 fraction of the cost of a life of multiple
23 hospitalizations, disability, criminal justice
24 involvement, and homelessness, the common trajectory for
25 someone with a serious mental health condition.
26 (8) Early treatment for adolescents and young adults
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1 with mental health conditions will save lives and State
2 dollars.
3 (b) As the sole Medicaid State agency, the Department of
4 Healthcare and Family Services, in partnership with the
5 Department of Human Services Services' Division of Mental
6 Health and with meaningful input from stakeholders, shall
7 develop a pilot program under which a qualifying adolescent or
8 young adult, as defined in subsection (d), may receive
9 community-based mental health treatment from a youth-focused
10 community support team for early treatment, as provided in
11 subsection (e), that is specifically tailored to the needs of
12 youth and young adults in the early stages of a serious
13 emotional disturbance or serious mental illness for purposes
14 of stabilizing the youth's condition and symptoms and
15 preventing the worsening of the illness and debilitating or
16 disabling symptoms. The pilot program shall be implemented
17 across a broad spectrum of geographic regions across the
18 State.
19 (c) Federal waiver or State Plan amendment; implementation
20 timeline.
21 (1) Federal approval. The Department of Healthcare and
22 Family Services shall submit any necessary application to
23 the federal Centers for Medicare and Medicaid Services for
24 a waiver or State Plan amendment to implement the pilot
25 program described in this Section no later than September
26 30, 2019. If the Department determines the pilot program
SB3722 Enrolled - 150 - LRB104 20597 KTG 34087 b
1 can be implemented without federal approval, the
2 Department shall implement the program no later than
3 December 31, 2019. The Department shall not draft any
4 rules in contravention of this timetable for pilot program
5 development and implementation. This pilot program shall
6 be implemented only to the extent that federal financial
7 participation is available.
8 (2) Implementation. After federal approval is secured,
9 if federal approval is required, the Department of
10 Healthcare and Family Services shall implement the pilot
11 program within 6 months after the date of federal
12 approval.
13 (d) Qualifying adolescent or young adult. As used in this
14 Section, "qualifying adolescent or young adult" means a person
15 age 16 through 26 who is enrolled in the Medical Assistance
16 Program under Article V of the Illinois Public Aid Code and has
17 a diagnosis of a serious emotional disturbance as interpreted
18 by the federal Substance Abuse and Mental Health Services
19 Administration or a serious mental illness listed in the most
20 recent edition of the Diagnostic and Statistical Manual of
21 Mental Disorders. Because the purpose of the pilot program is
22 treatment in the early stages of a significant mental health
23 condition or emotional disturbance for purposes of preventing
24 progression of the illness, debilitating symptoms and
25 disability, a qualifying adolescent or young adult shall not
26 be required to demonstrate disability due to the mental health
SB3722 Enrolled - 151 - LRB104 20597 KTG 34087 b
1 condition, show a reduction in functioning as a result of the
2 condition, or have a reality impairment (psychosis) to be
3 eligible for services through the pilot program. A qualifying
4 adolescent or young adult who is determined to be eligible for
5 pilot program services before the age of 21 shall continue to
6 be eligible for such services without interruption through age
7 26 as long as he or she remains enrolled in the Medical
8 Assistance Program.
9 (e) Community-based treatment model. The pilot program
10 shall create youth-focused community support teams for early
11 treatment. The community-based treatment model shall be a
12 multidisciplinary, team-based model specifically tailored for
13 adolescents and young adults and their needs for wellness,
14 symptom management, and recovery. The model shall take into
15 consideration area workforce, community uniqueness, and
16 cultural diversity. All services shall be evidence-based or
17 evidence-informed as applicable, and the services shall be
18 flexibly provided in-office, in-home, and in-community with an
19 emphasis on in-home and in-community services. The model shall
20 allow for and include each of the following:
21 (1) Community-based, outreach treatment, and
22 wrap-around services that begin in the early stages of a
23 serious mental illness or serious emotional disturbance
24 (functional impairment shall not be required for service
25 eligibility under the pilot program).
26 (2) Youth specific engagement strategies to encourage
SB3722 Enrolled - 152 - LRB104 20597 KTG 34087 b
1 participation and retention in services.
2 (3) Same-age or similar-age peer services to foster
3 resiliency.
4 (4) Family psycho-education and family involvement.
5 (5) Expertise or knowledge in school and university
6 systems, special education and work, volunteer and social
7 life for youth.
8 (6) Evidence-informed and young person-specific
9 psychotherapies.
10 (7) Care coordination for primary care.
11 (8) Medication management.
12 (9) Case management for problem solving to address
13 practicable problems, including criminal justice
14 involvement and housing challenges; and assisting the
15 young person or family in organizing all treatment and
16 goals.
17 (10) Supported education and employment to keep the
18 young person engaged in school and work to attain
19 self-sufficiency.
20 (11) Trauma-informed expertise for youth.
21 (12) Substance use treatment expertise.
22 (f) Pay-for-performance payment model. The Department of
23 Healthcare and Family Services, with meaningful input from
24 stakeholders, shall develop a pay-for-performance payment
25 model aimed at achieving high-quality mental health and
26 overall health and quality of life outcomes for the youth,
SB3722 Enrolled - 153 - LRB104 20597 KTG 34087 b
1 rather than a fee-for-service payment model. The payment model
2 shall allow for service flexibility to achieve such outcomes,
3 shall cover actual provider costs of delivering the pilot
4 program services to enable sustainability, and shall include
5 all provider costs associated with the data collection for
6 purposes of the analytics and outcomes reporting required
7 under subsection (h). The Department shall ensure that the
8 payment model works as intended by this Section within managed
9 care.
10 (g) Rulemaking. The Department of Healthcare and Family
11 Services, in partnership with the Department of Human Services
12 Services' Division of Mental Health and with meaningful input
13 from stakeholders, shall develop rules for purposes of
14 implementation of the pilot program contemplated in this
15 Section within 6 months of federal approval of the pilot
16 program. If the Department determines federal approval is not
17 required for implementation, the Department shall develop
18 rules with meaningful stakeholder input no later than December
19 31, 2019.
20 (h) Pilot program analytics and outcomes reports. The
21 Department of Healthcare and Family Services shall engage a
22 third party partner with expertise in program evaluation,
23 analysis, and research at the end of 5 years of implementation
24 to review the outcomes of the pilot program in stabilizing
25 youth with significant mental health conditions early on in
26 their condition to prevent debilitating symptoms and
SB3722 Enrolled - 154 - LRB104 20597 KTG 34087 b
1 disability and enable youth to reach their full potential. For
2 purposes of evaluating the outcomes of the pilot program, the
3 Department shall require providers of the pilot program
4 services to track the following annual data:
5 (1) days of inpatient hospital stays of service
6 recipients;
7 (2) periods of homelessness of service recipients and
8 periods of housing stability;
9 (3) periods of criminal justice involvement of service
10 recipients;
11 (4) avoidance of disability and the need for
12 Supplemental Security Income;
13 (5) rates of high school, college, or vocational
14 school engagement and graduation for service recipients;
15 (6) rates of employment annually of service
16 recipients;
17 (7) average length of stay in pilot program services;
18 (8) symptom management over time; and
19 (9) youth satisfaction with their quality of life,
20 pre-pilot and post-pilot program services.
21 (i) The Department of Healthcare and Family Services shall
22 deliver a final report to the General Assembly on the outcomes
23 of the pilot program within one year after 4 years of full
24 implementation, and after 7 years of full implementation,
25 compared to typical treatment available to other youth with
26 significant mental health conditions, as well as the cost
SB3722 Enrolled - 155 - LRB104 20597 KTG 34087 b
1 savings associated with the pilot program taking into account
2 all public systems used when an individual with a significant
3 mental health condition does not have access to the right
4 treatment and supports in the early stages of his or her
5 illness.
6 The reports to the General Assembly shall be filed with
7 the Clerk of the House of Representatives and the Secretary of
8 the Senate in electronic form only, in the manner that the
9 Clerk and the Secretary shall direct.
10 Post-pilot program discharge outcomes shall be collected
11 for all service recipients who exit the pilot program for up to
12 3 years after exit. This includes youth who exit the program
13 with planned or unplanned discharges. The post-exit data
14 collected shall include the annual data listed in paragraphs
15 (1) through (9) of subsection (h). Data collection shall be
16 done in a manner that does not violate individual privacy
17 laws. Outcomes for enrollees in the pilot and post-exit
18 outcomes shall be included in the final report to the General
19 Assembly under this subsection (i) within one year of 4 full
20 years of implementation, and in an additional report within
21 one year of 7 full years of implementation in order to provide
22 more information about post-exit outcomes on a greater number
23 of youth who enroll in pilot program services in the final
24 years of the pilot program.
25 (Source: P.A. 100-1016, eff. 8-21-18.)
SB3722 Enrolled - 156 - LRB104 20597 KTG 34087 b
1 (305 ILCS 65/10)
2 Sec. 10. Medicaid pilot program for opioid and other drug
3 addictions.
4 (a) Legislative findings. The General Assembly finds as
5 follows:
6 (1) Illinois continues to face a serious and ongoing
7 opioid epidemic.
8 (2) Opioid-related overdose deaths rose 76% between
9 2013 and 2016.
10 (3) Opioid and other drug addictions are life-long
11 diseases that require a disease management approach and
12 not just episodic treatment.
13 (4) There is an urgent need to create a treatment
14 approach that proactively engages and encourages
15 individuals with opioid and other drug addictions into
16 treatment to help prevent chronic use and a worsening
17 addiction and to significantly curb the rate of overdose
18 deaths.
19 (b) With the goal of early initial engagement of
20 individuals who have an opioid or other drug addiction in
21 addiction treatment and for keeping individuals engaged in
22 treatment following detoxification, a residential treatment
23 stay, or hospitalization to prevent chronic recurrent drug
24 use, the Department of Healthcare and Family Services, in
25 partnership with the Department of Human Services Services'
26 Division of Substance Use Prevention and Recovery and with
SB3722 Enrolled - 157 - LRB104 20597 KTG 34087 b
1 meaningful input from stakeholders, shall develop an Assertive
2 Engagement and Community-Based Clinical Treatment Pilot
3 Program for early treatment of an opioid or other drug
4 addiction. The pilot program shall be implemented across a
5 broad spectrum of geographic regions across the State.
6 (c) Assertive engagement and community-based clinical
7 treatment services. All services included in the pilot program
8 established under this Section shall be evidence-based or
9 evidence-informed as applicable and the services shall be
10 flexibly provided in-office, in-home, and in-community with an
11 emphasis on in-home and in-community services. The model shall
12 take into consideration area workforce, community uniqueness,
13 and cultural diversity. The model shall, at a minimum, allow
14 for and include each of the following:
15 (1) Assertive community outreach, engagement, and
16 continuing care strategies to encourage participation and
17 retention in addiction treatment services for both initial
18 engagement into addiction treatment services, and for
19 post-hospitalization, post-detoxification, and
20 post-residential treatment.
21 (2) Case management for purposes of linking
22 individuals to treatment, ongoing monitoring, problem
23 solving, and assisting individuals in organizing their
24 treatment and goals. Case management shall be covered for
25 individuals not yet engaged in treatment for purposes of
26 reaching such individuals early on in their addiction and
SB3722 Enrolled - 158 - LRB104 20597 KTG 34087 b
1 for individuals in treatment.
2 (3) Clinical treatment that is delivered in an
3 individual's natural environment, including in-home or
4 in-community treatment, to better equip the individual
5 with coping mechanisms that may trigger re-use.
6 (4) Coverage of provider transportation costs in
7 delivering in-home and in-community services in both rural
8 and urban settings. For rural communities, the model shall
9 take into account the wider geographic areas providers are
10 required to travel for in-home and in-community pilot
11 services for purposes of reimbursement.
12 (5) Recovery support services.
13 (6) For individuals who receive services through the
14 pilot program but disengage for a short duration (a period
15 of no longer than 9 months), allow seamless treatment
16 re-engagement in the pilot program.
17 (7) Supported education and employment.
18 (8) Working with the individual's family, school, and
19 other community support systems.
20 (9) Service flexibility to enable recovery and
21 positive health outcomes.
22 (d) Federal waiver or State Plan amendment; implementation
23 timeline. The Department shall follow the timeline for
24 application for federal approval and implementation outlined
25 in subsection (c) of Section 5. The pilot program contemplated
26 in this Section shall be implemented only to the extent that
SB3722 Enrolled - 159 - LRB104 20597 KTG 34087 b
1 federal financial participation is available.
2 (e) Pay-for-performance payment model. The Department of
3 Healthcare and Family Services, in partnership with the
4 Department of Human Services Services' Division of Substance
5 Use Prevention and Recovery and with meaningful input from
6 stakeholders, shall develop a pay-for-performance payment
7 model aimed at achieving high-quality treatment and overall
8 health and quality of life outcomes, rather than a
9 fee-for-service payment model. The payment model shall allow
10 for service flexibility to achieve such outcomes, shall cover
11 actual provider costs of delivering the pilot program services
12 to enable sustainability, and shall include all provider costs
13 associated with the data collection for purposes of the
14 analytics and outcomes reporting required in subsection (g).
15 The Department shall ensure that the payment model works as
16 intended by this Section within managed care.
17 (f) Rulemaking. The Department of Healthcare and Family
18 Services, in partnership with the Department of Human Services
19 Services' Division of Substance Use Prevention and Recovery
20 and with meaningful input from stakeholders, shall develop
21 rules for purposes of implementation of the pilot program
22 within 6 months after federal approval of the pilot program.
23 If the Department determines federal approval is not required
24 for implementation, the Department shall develop rules with
25 meaningful stakeholder input no later than December 31, 2019.
26 (g) Pilot program analytics and outcomes reports. The
SB3722 Enrolled - 160 - LRB104 20597 KTG 34087 b
1 Department of Healthcare and Family Services shall engage a
2 third party partner with expertise in program evaluation,
3 analysis, and research at the end of 5 years of implementation
4 to review the outcomes of the pilot program in treating
5 addiction and preventing periods of symptom exacerbation and
6 recurrence. For purposes of evaluating the outcomes of the
7 pilot program, the Department shall require providers of the
8 pilot program services to track all of the following annual
9 data:
10 (1) Length of engagement and retention in pilot
11 program services.
12 (2) Recurrence of drug use.
13 (3) Symptom management (the ability or inability to
14 control drug use).
15 (4) Days of hospitalizations related to substance use
16 or residential treatment stays.
17 (5) Periods of homelessness and periods of housing
18 stability.
19 (6) Periods of criminal justice involvement.
20 (7) Educational and employment attainment during
21 following pilot program services.
22 (8) Enrollee satisfaction with his or her quality of
23 life and level of social connectedness, pre-pilot and
24 post-pilot services.
25 (h) The Department of Healthcare and Family Services shall
26 deliver a final report to the General Assembly on the outcomes
SB3722 Enrolled - 161 - LRB104 20597 KTG 34087 b
1 of the pilot program within one year after 4 years of full
2 implementation, and after 7 years of full implementation,
3 compared to typical treatment available to other youth with
4 significant mental health conditions, as well as the cost
5 savings associated with the pilot program taking into account
6 all public systems used when an individual with a significant
7 mental health condition does not have access to the right
8 treatment and supports in the early stages of his or her
9 illness.
10 The reports to the General Assembly shall be filed with
11 the Clerk of the House of Representatives and the Secretary of
12 the Senate in electronic form only, in the manner that the
13 Clerk and the Secretary shall direct.
14 Post-pilot program discharge outcomes shall be collected
15 for all service recipients who exit the pilot program for up to
16 3 years after exit. This includes youth who exit the program
17 with planned or unplanned discharges. The post-exit data
18 collected shall include the annual data listed in paragraphs
19 (1) through (8) of subsection (g). Data collection shall be
20 done in a manner that does not violate individual privacy
21 laws. Outcomes for enrollees in the pilot and post-exit
22 outcomes shall be included in the final report to the General
23 Assembly under this subsection (h) within one year of 4 full
24 years of implementation, and in an additional report within
25 one year of 7 full years of implementation in order to provide
26 more information about post-exit outcomes on a greater number
SB3722 Enrolled - 162 - LRB104 20597 KTG 34087 b
1 of youth who enroll in pilot program services in the final
2 years of the pilot program.
3 (Source: P.A. 100-1016, eff. 8-21-18; 101-81, eff. 7-12-19.)
4 Section 95. The Adult Protective Services Act is amended
5 by changing Sections 5.1 and 15 as follows:
6 (320 ILCS 20/5.1)
7 Sec. 5.1. Procedure for self-neglect.
8 (a) A provider agency, upon receiving a report of
9 self-neglect, shall conduct no less than 2 unannounced
10 face-to-face visits at the residence of the eligible adult to
11 administer, upon consent, the eligibility screening. The
12 eligibility screening is intended to quickly determine if the
13 eligible adult is posing a substantial threat to themselves or
14 others. A full assessment phase shall not be completed for
15 self-neglect cases, and with individual consent, verified
16 self-neglect cases shall immediately enter the casework phase
17 to begin service referrals to mitigate risk unless
18 self-neglect occurs concurrently with another reported abuse
19 type (abuse, neglect, or exploitation), a full assessment
20 shall occur.
21 (b) The eligibility screening shall include, but is not
22 limited to:
23 (1) an interview with the eligible adult;
24 (2) with eligible adult consent, interviews or
SB3722 Enrolled - 163 - LRB104 20597 KTG 34087 b
1 consultations regarding the allegations with immediate
2 family members, and other individuals who may have
3 knowledge of the eligible adult's circumstances; and
4 (3) an inquiry of active service providers engaged
5 with the eligible adult who are providing services that
6 are mitigating the risk identified on the intake. These
7 services providers may be, but are not limited to:
8 (i) Managed care organizations.
9 (ii) Case coordination units.
10 (iii) The Department of Human Services' Division
11 of Rehabilitation Services.
12 (iv) The Department of Human Services' Division of
13 Developmental Disabilities.
14 (v) The Department of Human Services' Division of
15 Behavioral Mental Health and Recovery.
16 (c) During the visit, a provider agency shall obtain the
17 consent of the eligible adult before initiating the
18 eligibility screening. If the eligible adult cannot consent
19 and no surrogate decision maker is established, and where the
20 provider agency is acting in the best interest of an eligible
21 adult who is unable to seek assistance for themselves, the
22 provider agency shall conduct the eligibility screening as
23 described in subsection (b).
24 (d) When the eligibility screening indicates that the
25 individual is experiencing self-neglect, the provider agency
26 shall within 10 business days and with client consent, develop
SB3722 Enrolled - 164 - LRB104 20597 KTG 34087 b
1 an initial case plan.
2 (e) In developing a case plan, the provider agency shall
3 consult with any other appropriate provider of services to
4 ensure no duplications of services. Such providers shall be
5 immune from civil or criminal liability on account of such
6 acts except for intentional, willful, or wanton misconduct.
7 (f) The case plan shall be client directed and include
8 recommended services which are appropriate to the needs and
9 wishes of the individual, and which involve the least
10 restriction of the individual's activities commensurate with
11 the individual's needs.
12 (g) Only those services to which consent is provided in
13 accordance with Section 9 of this Act shall be provided,
14 contingent upon the availability of such services.
15 (Source: P.A. 103-626, eff. 1-1-25.)
16 (320 ILCS 20/15)
17 Sec. 15. Fatality review teams.
18 (a) State policy.
19 (1) Both the State and the community maintain a
20 commitment to preventing the abuse, abandonment, neglect,
21 and financial exploitation of at-risk adults. This
22 includes a charge to bring perpetrators of crimes against
23 at-risk adults to justice and prevent untimely deaths in
24 the community.
25 (2) When an at-risk adult dies, the response to the
SB3722 Enrolled - 165 - LRB104 20597 KTG 34087 b
1 death by the community, law enforcement, and the State
2 must include an accurate and complete determination of the
3 cause of death, and the development and implementation of
4 measures to prevent future deaths from similar causes.
5 (3) Multidisciplinary and multi-agency reviews of
6 deaths can assist the State and counties in developing a
7 greater understanding of the incidence and causes of
8 premature deaths and the methods for preventing those
9 deaths, improving methods for investigating deaths, and
10 identifying gaps in services to at-risk adults.
11 (4) Access to information regarding the deceased
12 person and his or her family by multidisciplinary and
13 multi-agency fatality review teams is necessary in order
14 to fulfill their purposes and duties.
15 (a-5) Definitions. As used in this Section:
16 "Advisory Council" means the Illinois Fatality Review
17 Team Advisory Council.
18 "Review Team" means a regional interagency fatality
19 review team.
20 (b) The Director, in consultation with the Advisory
21 Council, law enforcement, and other professionals who work in
22 the fields of investigating, treating, or preventing abuse,
23 abandonment, or neglect of at-risk adults, shall appoint
24 members to a minimum of one review team in each of the
25 Department's planning and service areas. If a review team in
26 an established planning and service area may be better served
SB3722 Enrolled - 166 - LRB104 20597 KTG 34087 b
1 combining with adjacent planning and service areas for greater
2 access to cases or expansion of expertise, then the Department
3 maintains the right to combine review teams. Each member of a
4 review team shall be appointed for a 2-year term and shall be
5 eligible for reappointment upon the expiration of the term. A
6 review team's purpose in conducting review of at-risk adult
7 deaths is: (i) to assist local agencies in identifying and
8 reviewing suspicious deaths of adult victims of alleged,
9 suspected, or substantiated abuse, abandonment, or neglect in
10 domestic living situations; (ii) to facilitate communications
11 between officials responsible for autopsies and inquests and
12 persons involved in reporting or investigating alleged or
13 suspected cases of abuse, abandonment, neglect, or financial
14 exploitation of at-risk adults and persons involved in
15 providing services to at-risk adults; (iii) to evaluate means
16 by which the death might have been prevented; and (iv) to
17 report its findings to the appropriate agencies and the
18 Advisory Council and make recommendations that may help to
19 reduce the number of at-risk adult deaths caused by abuse,
20 abandonment, and neglect and that may help to improve the
21 investigations of deaths of at-risk adults and increase
22 prosecutions, if appropriate.
23 (b-5) Each such team shall be composed of representatives
24 of entities and individuals including, but not limited to:
25 (1) the Department on Aging or the delegated regional
26 administrative agency as appointed by the Department;
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1 (2) coroners or medical examiners (or both);
2 (3) State's Attorneys;
3 (4) local police departments;
4 (5) forensic units;
5 (6) local health departments;
6 (7) a social service or health care agency that
7 provides services to persons with mental illness, in a
8 program whose accreditation to provide such services is
9 recognized by the Division of Mental Health within the
10 Department of Human Services;
11 (8) a social service or health care agency that
12 provides services to persons with developmental
13 disabilities, in a program whose accreditation to provide
14 such services is recognized by the Division of
15 Developmental Disabilities within the Department of Human
16 Services;
17 (9) a local hospital, trauma center, or provider of
18 emergency medicine;
19 (10) providers of services for eligible adults in
20 domestic living situations; and
21 (11) a physician, psychiatrist, or other health care
22 provider knowledgeable about abuse, abandonment, and
23 neglect of at-risk adults.
24 (c) A review team shall review cases of deaths of at-risk
25 adults occurring in its planning and service area (i)
26 involving blunt force trauma or an undetermined manner or
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1 suspicious cause of death; (ii) if requested by the deceased's
2 attending physician or an emergency room physician; (iii) upon
3 referral by a health care provider; (iv) upon referral by a
4 coroner or medical examiner; (v) constituting an open or
5 closed case from an adult protective services agency, law
6 enforcement agency, State's Attorney's office, or the
7 Department of Human Services' Office of the Inspector General
8 that involves alleged or suspected abuse, abandonment,
9 neglect, or financial exploitation; or (vi) upon referral by a
10 law enforcement agency or State's Attorney's office. If such a
11 death occurs in a planning and service area where a review team
12 has not yet been established, the Director shall request that
13 the Advisory Council or another review team review that death.
14 A team may also review deaths of at-risk adults if the alleged
15 abuse, abandonment, or neglect occurred while the person was
16 residing in a domestic living situation.
17 A review team shall meet not less than 2 times a year to
18 discuss cases for its possible review. Each review team, with
19 the advice and consent of the Department, shall establish
20 criteria to be used in discussing cases of alleged, suspected,
21 or substantiated abuse, abandonment, or neglect for review and
22 shall conduct its activities in accordance with any applicable
23 policies and procedures established by the Department.
24 (c-5) The Illinois Fatality Review Team Advisory Council,
25 consisting of one member from each review team in Illinois,
26 shall be the coordinating and oversight body for review teams
SB3722 Enrolled - 169 - LRB104 20597 KTG 34087 b
1 and activities in Illinois. The Director may appoint to the
2 Advisory Council any ex-officio members deemed necessary.
3 Persons with expertise needed by the Advisory Council may be
4 invited to meetings. The Advisory Council must select from its
5 members a chairperson and a vice-chairperson, each to serve a
6 2-year term. The chairperson or vice-chairperson may be
7 selected to serve additional, subsequent terms. The Advisory
8 Council must meet at least 2 times during each calendar year.
9 The Department may provide or arrange for the staff
10 support necessary for the Advisory Council to carry out its
11 duties. The Director, in cooperation and consultation with the
12 Advisory Council, shall appoint, reappoint, and remove review
13 team members.
14 The Advisory Council has, but is not limited to, the
15 following duties:
16 (1) To serve as the voice of review teams in Illinois.
17 (2) To oversee the review teams in order to ensure
18 that the review teams' work is coordinated and in
19 compliance with State statutes and the operating protocol.
20 (3) To ensure that the data, results, findings, and
21 recommendations of the review teams are adequately used in
22 a timely manner to make any necessary changes to the
23 policies, procedures, and State statutes in order to
24 protect at-risk adults.
25 (4) To collaborate with the Department in order to
26 develop any legislation needed to prevent unnecessary
SB3722 Enrolled - 170 - LRB104 20597 KTG 34087 b
1 deaths of at-risk adults.
2 (5) To ensure that the review teams' review processes
3 are standardized in order to convey data, findings, and
4 recommendations in a usable format.
5 (6) To serve as a link with review teams throughout
6 the country and to participate in national review team
7 activities.
8 (7) To provide the review teams with the most current
9 information and practices concerning at-risk adult death
10 review and related topics.
11 (8) To perform any other functions necessary to
12 enhance the capability of the review teams to reduce and
13 prevent at-risk adult fatalities.
14 The Advisory Council may prepare an annual report, in
15 consultation with the Department, using aggregate data
16 gathered by review teams and using the review teams'
17 recommendations to develop education, prevention, prosecution,
18 or other strategies designed to improve the coordination of
19 services for at-risk adults and their families.
20 In any instance where a review team does not operate in
21 accordance with established protocol, the Director, in
22 consultation and cooperation with the Advisory Council, must
23 take any necessary actions to bring the review team into
24 compliance with the protocol.
25 (d) Any document or oral or written communication shared
26 within or produced by the review team relating to a case
SB3722 Enrolled - 171 - LRB104 20597 KTG 34087 b
1 discussed or reviewed by the review team is confidential and
2 is not admissible as evidence in any civil or criminal
3 proceeding, except for use by a State's Attorney's office in
4 prosecuting a criminal case against a caregiver. Those records
5 and information are, however, subject to discovery or
6 subpoena, and are admissible as evidence, to the extent they
7 are otherwise available to the public.
8 Any document or oral or written communication provided to
9 a review team by an individual or entity, and created by that
10 individual or entity solely for the use of the review team, is
11 confidential, is not subject to disclosure to or discoverable
12 by another party, and is not admissible as evidence in any
13 civil or criminal proceeding, except for use by a State's
14 Attorney's office in prosecuting a criminal case against a
15 caregiver. Those records and information are, however, subject
16 to discovery or subpoena, and are admissible as evidence, to
17 the extent they are otherwise available to the public.
18 Each entity or individual represented on the fatality
19 review team may share with other members of the team
20 information in the entity's or individual's possession
21 concerning the decedent who is the subject of the review or
22 concerning any person who was in contact with the decedent, as
23 well as any other information deemed by the entity or
24 individual to be pertinent to the review. Any such information
25 shared by an entity or individual with other members of the
26 review team is confidential. The intent of this paragraph is
SB3722 Enrolled - 172 - LRB104 20597 KTG 34087 b
1 to permit the disclosure to members of the review team of any
2 information deemed confidential or privileged or prohibited
3 from disclosure by any other provision of law. Release of
4 confidential communication between domestic violence advocates
5 and a domestic violence victim shall follow subsection (d) of
6 Section 227 of the Illinois Domestic Violence Act of 1986
7 which allows for the waiver of privilege afforded to
8 guardians, executors, or administrators of the estate of the
9 domestic violence victim. This provision relating to the
10 release of confidential communication between domestic
11 violence advocates and a domestic violence victim shall
12 exclude adult protective service providers.
13 A coroner's or medical examiner's office may share with
14 the review team medical records that have been made available
15 to the coroner's or medical examiner's office in connection
16 with that office's investigation of a death.
17 Members of a review team and the Advisory Council are not
18 subject to examination, in any civil or criminal proceeding,
19 concerning information presented to members of the review team
20 or the Advisory Council or opinions formed by members of the
21 review team or the Advisory Council based on that information.
22 A person may, however, be examined concerning information
23 provided to a review team or the Advisory Council.
24 (d-5) Meetings of the review teams and the Advisory
25 Council are exempt from the Open Meetings Act. Records and
26 information provided to a review team and the Advisory
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1 Council, and records maintained by a team or the Advisory
2 Council, are exempt from release under the Freedom of
3 Information Act.
4 (e) A review team's recommendation in relation to a case
5 discussed or reviewed by the review team, including, but not
6 limited to, a recommendation concerning an investigation or
7 prosecution, may be disclosed by the review team upon the
8 completion of its review and at the discretion of a majority of
9 its members who reviewed the case.
10 (e-5) The State shall indemnify and hold harmless members
11 of a review team and the Advisory Council for all their acts,
12 omissions, decisions, or other conduct arising out of the
13 scope of their service on the review team or Advisory Council,
14 except those involving willful or wanton misconduct. The
15 method of providing indemnification shall be as provided in
16 the State Employee Indemnification Act.
17 (f) The Department, in consultation with coroners, medical
18 examiners, and law enforcement agencies, shall use aggregate
19 data gathered by and recommendations from the Advisory Council
20 and the review teams to create an annual report and may use
21 those data and recommendations to develop education,
22 prevention, prosecution, or other strategies designed to
23 improve the coordination of services for at-risk adults and
24 their families. The Department or other State or county
25 agency, in consultation with coroners, medical examiners, and
26 law enforcement agencies, also may use aggregate data gathered
SB3722 Enrolled - 174 - LRB104 20597 KTG 34087 b
1 by the review teams to create a database of at-risk
2 individuals.
3 (g) The Department shall adopt such rules and regulations
4 as it deems necessary to implement this Section.
5 (Source: P.A. 102-244, eff. 1-1-22; 103-626, eff. 1-1-25.)
6 Section 100. The Department of Early Childhood Act is
7 amended by changing Section 10-30 as follows:
8 (325 ILCS 3/10-30)
9 Sec. 10-30. Illinois Interagency Council on Early
10 Intervention.
11 (a) There is established the Illinois Interagency Council
12 on Early Intervention. The Council shall be composed of at
13 least 20 but not more than 30 members. The members of the
14 Council and the designated chairperson of the Council shall be
15 appointed by the Governor. The Council member representing the
16 lead agency may not serve as chairperson of the Council. On and
17 after July 1, 2026, the Council shall be composed of the
18 following members:
19 (1) The Secretary of Early Childhood (or the Secretary's
20 designee) and 2 additional representatives of the Department
21 of Early Childhood designated by the Secretary, plus the
22 Directors (or their designees) of the following State agencies
23 involved in the provision of or payment for early intervention
24 services to eligible infants and toddlers and their families:
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1 (A) Department of Insurance; and
2 (B) Department of Healthcare and Family Services.
3 (2) Other members as follows:
4 (A) At least 20% of the members of the Council shall be
5 parents, including minority parents, of infants or
6 toddlers with disabilities or children with disabilities
7 aged 12 or younger, with knowledge of, or experience with,
8 programs for infants and toddlers with disabilities. At
9 least one such member shall be a parent of an infant or
10 toddler with a disability or a child with a disability
11 aged 6 or younger;
12 (B) At least 20% of the members of the Council shall be
13 public or private providers of early intervention
14 services;
15 (C) One member shall be a representative of the
16 General Assembly;
17 (D) One member shall be involved in the preparation of
18 professional personnel to serve infants and toddlers
19 similar to those eligible for services under this Act;
20 (E) Two members shall be from advocacy organizations
21 with expertise in improving health, development, and
22 educational outcomes for infants and toddlers with
23 disabilities;
24 (F) One member shall be a Child and Family Connections
25 manager from a rural district;
26 (G) One member shall be a Child and Family Connections
SB3722 Enrolled - 176 - LRB104 20597 KTG 34087 b
1 manager from an urban district;
2 (H) One member shall be the co-chair of the Illinois
3 Early Learning Council (or their designee); and
4 (I) Members representing the following agencies or
5 entities: the Department of Human Services; the State
6 Board of Education; the Department of Public Health; the
7 Department of Children and Family Services; the University
8 of Illinois Division of Specialized Care for Children; the
9 Illinois Council on Developmental Disabilities; Head Start
10 or Early Head Start; and the Department of Human Services'
11 Division of Behavioral Mental Health and Recovery. A
12 member may represent one or more of the listed agencies or
13 entities.
14 The Council shall meet at least quarterly and in such
15 places as it deems necessary. The Council shall be a
16 continuation of the Council that was created under Section 4
17 of the Early Intervention Services System Act and that is
18 repealed on July 1, 2026 by Section 20.1 of the Early
19 Intervention Services System Act. Members serving on June 30,
20 2026 who have served more than 2 consecutive terms shall
21 continue to serve on the Council on and after July 1, 2026.
22 Once appointed, members shall continue to serve until their
23 successors are appointed. Successors appointed under paragraph
24 (2) shall serve 3-year terms. No member shall be appointed to
25 serve more than 2 consecutive terms.
26 Council members shall serve without compensation but shall
SB3722 Enrolled - 177 - LRB104 20597 KTG 34087 b
1 be reimbursed for reasonable costs incurred in the performance
2 of their duties, including costs related to child care, and
3 parents may be paid a stipend in accordance with applicable
4 requirements.
5 The Council shall prepare and approve a budget using funds
6 appropriated for the purpose to hire staff, and obtain the
7 services of such professional, technical, and clerical
8 personnel as may be necessary to carry out its functions under
9 this Act. This funding support and staff shall be directed by
10 the lead agency.
11 (b) The Council shall:
12 (1) advise and assist the lead agency in the
13 performance of its responsibilities including but not
14 limited to the identification of sources of fiscal and
15 other support services for early intervention programs,
16 and the promotion of interagency agreements which assign
17 financial responsibility to the appropriate agencies;
18 (2) advise and assist the lead agency in the
19 preparation of applications and amendments to
20 applications;
21 (3) review and advise on relevant rules and standards
22 proposed by the related State agencies;
23 (4) advise and assist the lead agency in the
24 development, implementation and evaluation of the
25 comprehensive early intervention services system;
26 (4.5) coordinate and collaborate with State
SB3722 Enrolled - 178 - LRB104 20597 KTG 34087 b
1 interagency early learning initiatives, as appropriate;
2 and
3 (5) prepare and submit an annual report to the
4 Governor and to the General Assembly on the status of
5 early intervention programs for eligible infants and
6 toddlers and their families in Illinois. The annual report
7 shall include (i) the estimated number of eligible infants
8 and toddlers in this State, (ii) the number of eligible
9 infants and toddlers who have received services under this
10 Act and the cost of providing those services, and (iii)
11 the estimated cost of providing services under this Act to
12 all eligible infants and toddlers in this State. The
13 report shall be posted by the lead agency on the early
14 intervention website as required under paragraph (f) of
15 Section 10-35 of this Act.
16 No member of the Council shall cast a vote on or
17 participate substantially in any matter which would provide a
18 direct financial benefit to that member or otherwise give the
19 appearance of a conflict of interest under State law. All
20 provisions and reporting requirements of the Illinois
21 Governmental Ethics Act shall apply to Council members.
22 (Source: P.A. 103-594, eff. 6-25-24.)
23 Section 105. The Early Intervention Services System Act is
24 amended by changing Section 4 as follows:
SB3722 Enrolled - 179 - LRB104 20597 KTG 34087 b
1 (325 ILCS 20/4) (from Ch. 23, par. 4154)
2 (Section scheduled to be repealed on July 1, 2026)
3 Sec. 4. Illinois Interagency Council on Early
4 Intervention.
5 (a) There is established the Illinois Interagency Council
6 on Early Intervention. The Council shall be composed of at
7 least 20 but not more than 30 members. The members of the
8 Council and the designated chairperson of the Council shall be
9 appointed by the Governor. The Council member representing the
10 lead agency may not serve as chairperson of the Council. The
11 Council shall be composed of the following members:
12 (1) The Secretary of Human Services (or his or her
13 designee) and 2 additional representatives of the
14 Department of Human Services designated by the Secretary,
15 plus the Directors (or their designees) of the following
16 State agencies involved in the provision of or payment for
17 early intervention services to eligible infants and
18 toddlers and their families:
19 (A) Department of Insurance; and
20 (B) Department of Healthcare and Family Services.
21 (2) Other members as follows:
22 (A) At least 20% of the members of the Council
23 shall be parents, including minority parents, of
24 infants or toddlers with disabilities or children with
25 disabilities aged 12 or younger, with knowledge of, or
26 experience with, programs for infants and toddlers
SB3722 Enrolled - 180 - LRB104 20597 KTG 34087 b
1 with disabilities. At least one such member shall be a
2 parent of an infant or toddler with a disability or a
3 child with a disability aged 6 or younger;
4 (B) At least 20% of the members of the Council
5 shall be public or private providers of early
6 intervention services;
7 (C) One member shall be a representative of the
8 General Assembly;
9 (D) One member shall be involved in the
10 preparation of professional personnel to serve infants
11 and toddlers similar to those eligible for services
12 under this Act;
13 (E) Two members shall be from advocacy
14 organizations with expertise in improving health,
15 development, and educational outcomes for infants and
16 toddlers with disabilities;
17 (F) One member shall be a Child and Family
18 Connections manager from a rural district;
19 (G) One member shall be a Child and Family
20 Connections manager from an urban district;
21 (H) One member shall be the co-chair of the
22 Illinois Early Learning Council (or his or her
23 designee); and
24 (I) Members representing the following agencies or
25 entities: the State Board of Education; the Department
26 of Public Health; the Department of Children and
SB3722 Enrolled - 181 - LRB104 20597 KTG 34087 b
1 Family Services; the University of Illinois Division
2 of Specialized Care for Children; the Illinois Council
3 on Developmental Disabilities; Head Start or Early
4 Head Start; and the Department of Human Services
5 Services' Division of Mental Health. A member may
6 represent one or more of the listed agencies or
7 entities.
8 The Council shall meet at least quarterly and in such
9 places as it deems necessary. Terms of the initial members
10 appointed under paragraph (2) shall be determined by lot at
11 the first Council meeting as follows: of the persons appointed
12 under subparagraphs (A) and (B), one-third shall serve one
13 year terms, one-third shall serve 2 year terms, and one-third
14 shall serve 3 year terms; and of the persons appointed under
15 subparagraphs (C) and (D), one shall serve a 2 year term and
16 one shall serve a 3 year term. Thereafter, successors
17 appointed under paragraph (2) shall serve 3 year terms. Once
18 appointed, members shall continue to serve until their
19 successors are appointed. No member shall be appointed to
20 serve more than 2 consecutive terms.
21 Council members shall serve without compensation but shall
22 be reimbursed for reasonable costs incurred in the performance
23 of their duties, including costs related to child care, and
24 parents may be paid a stipend in accordance with applicable
25 requirements.
26 The Council shall prepare and approve a budget using funds
SB3722 Enrolled - 182 - LRB104 20597 KTG 34087 b
1 appropriated for the purpose to hire staff, and obtain the
2 services of such professional, technical, and clerical
3 personnel as may be necessary to carry out its functions under
4 this Act. This funding support and staff shall be directed by
5 the lead agency.
6 (b) The Council shall:
7 (1) advise and assist the lead agency in the
8 performance of its responsibilities including but not
9 limited to the identification of sources of fiscal and
10 other support services for early intervention programs,
11 and the promotion of interagency agreements which assign
12 financial responsibility to the appropriate agencies;
13 (2) advise and assist the lead agency in the
14 preparation of applications and amendments to
15 applications;
16 (3) review and advise on relevant regulations and
17 standards proposed by the related State agencies;
18 (4) advise and assist the lead agency in the
19 development, implementation and evaluation of the
20 comprehensive early intervention services system;
21 (4.5) coordinate and collaborate with State
22 interagency early learning initiatives, as appropriate;
23 and
24 (5) prepare and submit an annual report to the
25 Governor and to the General Assembly on the status of
26 early intervention programs for eligible infants and
SB3722 Enrolled - 183 - LRB104 20597 KTG 34087 b
1 toddlers and their families in Illinois. The annual report
2 shall include (i) the estimated number of eligible infants
3 and toddlers in this State, (ii) the number of eligible
4 infants and toddlers who have received services under this
5 Act and the cost of providing those services, and (iii)
6 the estimated cost of providing services under this Act to
7 all eligible infants and toddlers in this State. The
8 report shall be posted by the lead agency on the early
9 intervention website as required under paragraph (f) of
10 Section 5 of this Act.
11 No member of the Council shall cast a vote on or
12 participate substantially in any matter which would provide a
13 direct financial benefit to that member or otherwise give the
14 appearance of a conflict of interest under State law. All
15 provisions and reporting requirements of the Illinois
16 Governmental Ethics Act shall apply to Council members.
17 (Source: P.A. 97-902, eff. 8-6-12; 98-41, eff. 6-28-13.)
18 Section 110. The Mental Health and Developmental
19 Disabilities Code is amended by changing Section 6-104.3 as
20 follows:
21 (405 ILCS 5/6-104.3)
22 Sec. 6-104.3. Comparable programs for the services
23 contained in the Specialized Mental Health Rehabilitation Act
24 of 2013. The Division of Mental Health of the Department of
SB3722 Enrolled - 184 - LRB104 20597 KTG 34087 b
1 Human Services shall oversee the creation of comparable
2 programs for the services contained in the Specialized Mental
3 Health Rehabilitation Act of 2013 for community-based
4 providers to provide the following services:
5 (1) triage center;
6 (2) crisis stabilization; and
7 (3) transitional living.
8 These comparable programs shall operate under the
9 regulations that may currently exist for such programs, or, if
10 no such regulations are in existence, regulations shall be
11 created. The comparable programs shall be provided through a
12 managed care entity, a coordinated care entity, or an
13 accountable care entity. The Department shall work in concert
14 with any managed care entity, care coordination entity, or
15 accountable care entity to gather the data necessary to report
16 and monitor the progress of the services offered under this
17 Section. The services to be provided under this Section shall
18 be subject to a specific appropriation of the General Assembly
19 for the specific purposes of this Section.
20 The Department shall adopt any emergency rules necessary
21 to implement this Section.
22 (Source: P.A. 98-104, eff. 7-22-13.)
23 Section 115. The Community Services Act is amended by
24 changing Section 4.6 as follows:
SB3722 Enrolled - 185 - LRB104 20597 KTG 34087 b
1 (405 ILCS 30/4.6)
2 Sec. 4.6. Closure and sale of State mental health or
3 developmental disabilities facility.
4 (a) Whenever a State mental health facility operated by
5 the Department of Human Services is closed and the real estate
6 on which the facility is located is sold by the State, then, to
7 the extent that net proceeds are realized from the sale of that
8 real estate, those net proceeds must be used for mental health
9 services or to support mental health services. To that end,
10 those net proceeds shall be deposited into the Community
11 Mental Health Medicaid Trust Fund. The net proceeds from the
12 sale of a State mental health facility may be spent over a
13 number of fiscal years and are not required to be spent in the
14 same fiscal year in which they are deposited.
15 (b) Whenever a State developmental disabilities facility
16 operated by the Department of Human Services is closed and the
17 real estate on which the facility is located is sold by the
18 State, then, to the extent that net proceeds are realized from
19 the sale of that real estate, those net proceeds must be
20 directed toward providing other services and supports for
21 persons with developmental disabilities needs. To that end,
22 those net proceeds shall be deposited into the Community
23 Developmental Disability Services Medicaid Trust Fund. The net
24 proceeds from the sale of a State developmental disabilities
25 facility may be spent over a number of fiscal years and are not
26 required to be spent in the same fiscal year in which they are
SB3722 Enrolled - 186 - LRB104 20597 KTG 34087 b
1 deposited.
2 (c) The sale of a State mental health or developmental
3 disabilities facility shall be done in accordance with
4 applicable State laws and, if a State mental health or
5 developmental disabilities facility to be sold has been
6 financed or refinanced with tax-exempt bonds, applicable
7 federal laws. In determining whether any net proceeds are
8 realized from a sale of real estate described in subsection
9 (a) or (b), the Division of Developmental Disabilities and the
10 Division of Mental Health of the Department of Human Services
11 shall each first determine the money, if any, that shall be
12 made available for infrastructure not to exceed 25% of the
13 proceeds of the sale of the real estate to ensure that life,
14 safety, and care concerns are addressed so as to provide for
15 persons with developmental disabilities or mental illness at
16 the remaining respective State-operated facilities. That
17 amount shall be excluded from the calculation of net proceeds
18 by the Division of Developmental Disabilities or the Division
19 of Mental Health, or both, of the Department of Human
20 Services. Amounts determined by the Department for
21 infrastructure to be necessary to ensure that life, safety,
22 and care concerns are addressed shall be deposited,
23 respectively, into the Community Mental Health Medicaid Trust
24 Fund or the Community Developmental Disability Services
25 Medicaid Trust Fund.
26 (c-1) To the extent that a State mental health facility
SB3722 Enrolled - 187 - LRB104 20597 KTG 34087 b
1 which has been closed served a geographical area, at minimum,
2 40% of the resulting net proceeds of its sale shall be made
3 exclusively in the facility's geographical area. If any other
4 State-operated mental health facility which served a specific
5 geographic area was closed within one year before or after the
6 closure of the facility whose sale has resulted in net
7 proceeds under this Section, 20% of the proceeds shall be used
8 to provide services in the geographic area of this facility.
9 The remainder of the net proceeds may be spent anywhere in the
10 State. All net proceeds may be used for the following mental
11 health services and supports, to include, but not limited to:
12 (1) Permanent Supportive housing.
13 (2) Technology that enables behavioral health
14 providers to participate in health information exchanges.
15 (3) Assertive Community Treatment and Community
16 Support Team.
17 (4) Transitional living apartments.
18 (5) Crisis residential services targeted at diverting
19 persons with mental illnesses from emergency departments
20 (including peer run crisis services).
21 (6) Psychiatric services.
22 (7) Community mental health services targeted at
23 diverting persons with mental illness from the criminal
24 justice system.
25 (8) Individual Placement and Support and other
26 services to support employment.
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1 (9) Alcohol and substance abuse treatment.
2 (d) The purposes for which the net proceeds from a sale of
3 real estate as provided in subsection (b) of this Section may
4 be used include, but are not limited to, the following:
5 (1) Providing individuals with developmental
6 disabilities community-based Medicaid services and
7 supports such as residential habilitation, day programs,
8 supported employment, home-based supports, therapies,
9 adaptive equipment, and home modifications.
10 (2) Assisting individuals with developmental
11 disabilities through case management, service
12 coordination, and assessments.
13 (3) Strengthening the service delivery system through
14 crisis intervention services.
15 (4) Enhancing the service delivery system through
16 infrastructure improvements, including technology
17 improvements.
18 (e) Whenever any net proceeds are realized from a sale of
19 real estate as provided in this Section, the Department of
20 Human Services shall share and discuss its plan or plans for
21 using those net proceeds with advocates, advocacy
22 organizations, and advisory groups whose mission includes
23 advocacy for persons with developmental disabilities or
24 persons with mental illness.
25 (f) Consistent with the provisions of Sections 4.4 and 4.5
26 of this Act, whenever a State mental health facility operated
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1 by the Department of Human Services is closed, the Department
2 of Human Services, at the direction of the Governor, shall
3 transfer funds from the closed facility to the appropriate
4 line item providing appropriation authority for the new venue
5 of care to facilitate the transition of services to the new
6 venue of care, provided that the new venue of care is a
7 Department of Human Services funded provider or facility.
8 (g) As used in this Section, the term "mental health
9 facility" has the meaning ascribed to that term in the Mental
10 Health and Developmental Disabilities Code.
11 (Source: P.A. 98-403, eff. 1-1-14; 98-815, eff. 8-1-14.)
12 Section 120. The Children's Mental Health Act is amended
13 by changing Section 10 as follows:
14 (405 ILCS 49/10)
15 Sec. 10. Illinois Department of Human Services Office of
16 Mental Health services. The Office of Mental Health within the
17 Department of Human Services shall allow grant and
18 purchase-of-service moneys to be used for services for
19 children from birth through age 18.
20 (Source: P.A. 93-495, eff. 8-8-03.)
21 Section 125. The Developmental Disability and Mental
22 Disability Services Act is amended by changing Section 7-1 as
23 follows:
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1 (405 ILCS 80/7-1)
2 Sec. 7-1. Community-based pilot program.
3 (a) Subject to appropriation, the Department of Human
4 Services Services' Division of Mental Health shall make
5 available funding for the development and implementation of a
6 comprehensive and coordinated continuum of community-based
7 pilot programs for persons with or at risk for a mental health
8 diagnosis that is sensitive to the needs of local communities.
9 The funding shall allow for the development of one or more
10 pilot programs that will support the development of local
11 social media campaigns that focus on the prevention or
12 promotion of mental wellness and provide linkages to mental
13 health services, especially for those individuals who are
14 uninsured or underinsured.
15 For a provider to be considered for the pilot program, the
16 provider must demonstrate the ability to:
17 (1) implement the pilot program in an area that shows
18 a high need or underutilization of mental health services;
19 (2) offer a comprehensive strengths-based array of
20 mental health services;
21 (3) collaborate with other systems and government
22 entities that exist in a community;
23 (4) provide education and resources to the public on
24 mental health issues, including suicide prevention and
25 wellness;
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1 (5) develop a local social media campaign that focuses
2 on the prevention or promotion of mental wellness;
3 (6) ensure that the social media campaign is
4 culturally relevant, developmentally appropriate, trauma
5 informed, and covers information across an individual's
6 lifespan;
7 (7) provide linkages to other appropriate services in
8 the community;
9 (8) provide a presence staffed by mental health
10 professionals in natural community settings, which
11 includes any setting where an individual who has not been
12 diagnosed with a mental illness typically spends time; and
13 (9) explore partnership opportunities with
14 institutions of higher learning in the areas of social
15 work or mental health.
16 (b) The Department of Human Services is authorized to
17 adopt and implement any administrative rules necessary to
18 carry out the pilot program.
19 (Source: P.A. 101-61, eff. 1-1-20.)
20 Section 130. The Housing is Recovery Pilot Program Act is
21 amended by changing Sections 3, 5, 15, 20, 25, 30, 40, 45, 50,
22 55, 60, 70, and 75 as follows:
23 (405 ILCS 125/3)
24 Sec. 3. Definitions. As used in this Act:
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1 "Department" means the Illinois Department of Human
2 Services.
3 "Individual at high risk of unnecessary
4 institutionalization" means a person who has a serious mental
5 illness who is homeless (or will be homeless upon hospital
6 discharge or correctional facility release) and who has had:
7 (1) three or more psychiatric inpatient hospital
8 admissions within the most recent 12-month period;
9 (2) three or more stays in a State or county
10 correctional facility in the State of Illinois within the
11 most recent 12-month period; or
12 (3) a disability determination due to a serious mental
13 illness and has been incarcerated in a State or county
14 correctional facility in Illinois for the most recent 12
15 consecutive months.
16 "Individual at high risk of overdose" means a person with
17 a substance use disorder who is homeless (or will be homeless
18 upon hospital discharge or correctional facility release) who
19 has had:
20 (A) three or more hospital inpatient or inpatient
21 detoxification admissions for a substance use disorder
22 within the most recent 12-month period;
23 (B) three or more stays in a State or county
24 correctional facility in the State of Illinois within the
25 most recent 12-month period; or
26 (C) one or more drug overdoses in the last 12 months.
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1 "Engagement services" means home-based or community-based
2 visits that assist the individual with maintaining his or her
3 housing, and providing other wrap-around support, including
4 linkage to mental health or substance use recovery support
5 services. Such engagement services shall align with
6 Medicaid-covered tenancy support services, and Medicaid
7 community-based mental health and substance use treatment
8 services, including case management, to ensure alignment with
9 any existing or future Illinois Medicaid benefits, waivers or
10 State plan amendments that include these services, and to
11 maximize any potential federal Medicaid matching dollars that
12 may be available to support engagement services.
13 "Homeless" means the definition used by the U.S.
14 Department of Health and Human Services, Health Resources and
15 Services Administration in Section 330(h)(5)(A) of the Public
16 Health Services Act (42 U.S.C. 254(b)). Under Section
17 330(h)(5)(A), a homeless individual is an individual who lacks
18 housing (without regard to whether the individual is a member
19 of a family), including an individual whose primary residence
20 during the night is a supervised public or private facility
21 that provides temporary living accommodations, and an
22 individual who is a resident in transitional housing. This
23 includes individuals who are doubled up with other households.
24 "Serious mental illness" means meeting both the diagnostic
25 and functioning criteria consistent with the definition of
26 Serious Mental Illness as defined by in the most current
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1 edition of the Illinois Department of Human Services/Division
2 of Behavioral Mental Health and Recovery Community Mental
3 Health Provider Manual.
4 "Substance use disorder" as defined in Section 1-10 of the
5 Substance Use Disorder Act.
6 (Source: P.A. 102-66, eff. 7-9-21.)
7 (405 ILCS 125/5)
8 Sec. 5. Establishment of program. Subject to
9 appropriation, the Housing is Recovery pilot program shall be
10 established and administered by the Department of Human
11 Services, Division of Mental Health. The purpose of the
12 program is to prevent a person with a serious mental illness
13 who is at high risk of unnecessary institutionalization, or a
14 person with a substance use disorder who is at high risk of
15 overdose, due to homelessness, a lack of access to recovery
16 support services, and repeating cycles of hospitalizations or
17 justice system involvement from being institutionalized or
18 dying. This will be accomplished by enabling affordable
19 housing through the use of a bridge rental subsidy combined
20 with access to recovery support services or treatment. The
21 triple aim of Housing is Recovery is:
22 (1) preventing institutionalization and overdose
23 deaths;
24 (2) improving health outcomes and access to recovery
25 support services; and
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1 (3) reducing State costs.
2 (Source: P.A. 102-66, eff. 7-9-21.)
3 (405 ILCS 125/15)
4 Sec. 15. Housing is Recovery bridge rental subsidy. A
5 bridge rental subsidy received by an individual (the "subsidy
6 holder") pursuant to this Act shall mirror the subsidies
7 issued by the Department of Human Services, Division of Mental
8 Health through the Moving On Program. The rental subsidy shall
9 be for scattered-site rental units owned by a landlord or for
10 rental units secured through a master lease. The rental
11 subsidy shall assist the subsidy holder with monthly rental
12 payments for rent that does not exceed the Fair Market Rent
13 published annually for that year by the U.S. Department of
14 Housing and Urban Development. The Department of Human
15 Services, Division of Mental Health, shall have the discretion
16 to allow a subsidy to apply to rent up to 120% of the Fair
17 Market Rent if this is justified by the lack of available
18 affordable housing in the local housing market. Community
19 Mental Health Centers certified pursuant to 59 Ill. Adm. Code
20 132 or supported housing service providers participating in
21 this pilot program shall be responsible for assisting the
22 subsidy holder with maintaining his or her housing that is
23 supported by the bridge rental subsidy and either providing or
24 coordinating engagement services with a mental health or
25 substance use treatment provider.
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1 (1) The subsidy holder shall be responsible for
2 contributing 30% of his or her income toward the cost of
3 rent (zero income does not preclude participation).
4 (2) The subsidy holder must agree to sign a lease with
5 a landlord or a sublease agreement with the Community
6 Mental Health Center or the housing services provider that
7 has a master lease for the rental unit and agree to
8 engagement services initiated by the supported housing
9 provider, the Community Mental Health Center or contracted
10 mental health or substance use treatment provider at least
11 2 times a month, with at least one of those visits being a
12 home visit. The engagement services shall be permitted in
13 a home-based or community-based setting, and do not
14 require a clinic visit.
15 (3) A goal of this program is to encourage the subsidy
16 holder to engage in mental health and substance use
17 recovery support services or treatment when the individual
18 is ready. However, this is a Housing First model that does
19 not require abstinence from substance or alcohol use and
20 does not require mental health or substance use treatment.
21 (4) If a subsidy holder does not have an income due to
22 a psychiatric disability, he or she shall be offered the
23 opportunity for assistance with filing a "SOAR
24 application" (Supplemental Security Income (SSI)/Social
25 Security Disability Income (SSDI), Outreach, Access and
26 Recovery application) by the Community Mental Health
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1 Center participating in the Housing is Recovery program
2 that is providing his or her mental health support or
3 treatment within 6 months of the initiation of mental
4 health services. If the subsidy holder is only receiving
5 housing support services, the housing services provider
6 must partner with a Community Mental Health Center to do
7 SOAR applications for individuals who elect to apply for a
8 psychiatric disability. A subsidy holder is not required
9 to apply for a disability determination.
10 (5) The subsidy holder, if he or she is eligible, must
11 apply for rental assistance or housing through the
12 appropriate Public Housing Authority within 6 months of
13 receiving a Housing is Recovery bridge rental subsidy or
14 agree to apply when it is permissible to do so, and also be
15 placed on the Illinois Housing Development Authority's
16 Statewide Referral Network.
17 (Source: P.A. 102-66, eff. 7-9-21.)
18 (405 ILCS 125/20)
19 Sec. 20. Identification and referral of eligible
20 individuals prior to hospital discharge or correctional
21 facility release for purposes of rapid housing post
22 discharge/release and illness stability. The pilot program is
23 intended to enable affordable housing to avoid
24 institutionalization or overdose death by providing for
25 connection to housing through a variety of settings, including
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1 in hospitals, county jails, prisons, homeless shelters and
2 inpatient detoxification facilities and the referral process
3 established must take this into account. Within 2 months of
4 the effective date of this Act, the Department of Human
5 Services, Division of Mental Health, in partnership with the
6 Department of Healthcare and Family Services and the
7 Department of Human Services, Division of Substance Use
8 Prevention and Recovery (SUPR), the Department of Corrections,
9 and with meaningful stakeholder input through a working group
10 of Community Mental Health Centers, homeless service
11 providers, substance use treatment providers, hospitals with
12 inpatient psychiatric units or detoxification units,
13 representatives from county jails, persons with lived
14 experience, and family support organizations, shall develop a
15 process for identifying and referring eligible individuals for
16 the Housing is Recovery program prior to hospital discharge or
17 correctional system release, or other appropriate place for
18 referral, including homeless shelters. The process developed
19 shall aim to enable rapid access to housing
20 post-discharge/release to avoid unnecessary
21 institutionalization or a return to homelessness or unstable
22 housing. The working group shall meet at least monthly prior
23 to development of an administrative rule or policy established
24 to carry out the intent of this Act. The Department of Human
25 Services, Division of Mental Health, shall explore ways to
26 collaborate with the U.S. Department of Housing and Urban
SB3722 Enrolled - 199 - LRB104 20597 KTG 34087 b
1 Development's Coordinated Entry System and other ways for
2 electronic referral. The Department of Human Services,
3 Division of Mental Health, and the Department of Healthcare
4 and Family Services shall collaborate to ensure that the
5 referral process aligns with any existing or future Medicaid
6 waivers or State plan amendments for tenancy support services.
7 (Source: P.A. 102-66, eff. 7-9-21.)
8 (405 ILCS 125/25)
9 Sec. 25. Participating Community Mental Health Centers and
10 housing service provider responsibilities for locating and
11 transitioning the individual into housing, assisting in
12 retaining housing, and the provision of engagement and
13 recovery support services. The Department of Human Services,
14 Division of Mental Health, shall select interested Community
15 Mental Health Centers that are certified pursuant to 59 Ill.
16 Adm. Code 132 and interested housing service providers for
17 participation in the Housing is Recovery program.
18 (1) For purposes of incentivizing continuity of care,
19 the same participating Community Mental Health Center may
20 be responsible for providing both the housing support and
21 the mental health or substance use engagement, recovery
22 support services and treatment to a subsidy holder. If a
23 housing support services provider does not also provide
24 the mental health or substance use treatment services the
25 individual engages in, there must be strong coordination
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1 of care between the housing services provider and the
2 treatment provider.
3 (2) The provider must demonstrate that the rental
4 units secured through this program pass minimum quality
5 inspection standards.
6 (3) Community Mental Health Centers providing housing
7 support through this program shall be responsible for any
8 SOAR applications for a subsidy holder that has a
9 psychiatric disability who does not have SSI or SSDI if
10 the subsidy holder chooses to apply for disability. A
11 housing services provider delivering the housing support
12 services through this program must contract with a
13 Community Mental Health Center to provide assistance with
14 SOAR applications to subsidy holders electing to apply for
15 SSI or SSDI within 6 months of the subsidy holder
16 receiving the subsidy.
17 (4) Service providers shall be permitted to engage in
18 master leasing to secure apartments for those who are hard
19 to house due to criminal backgrounds, history of substance
20 use and stigma.
21 (Source: P.A. 102-66, eff. 7-9-21.)
22 (405 ILCS 125/30)
23 Sec. 30. Securing rental housing units for purposes of
24 immediate temporary housing following hospital discharge or
25 release from a correctional facility while a long-term rental
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1 unit is secured. Up to 20% of the available annual
2 appropriation for the Housing is Recovery program shall be
3 available to Community Mental Health Centers or the housing
4 services provider for purposes of securing critical time
5 intervention rental units to house an eligible individual
6 immediately following discharge from a hospitalization or
7 release from a correctional facility because locating an
8 apartment unit for a longer-term one-year lease and the
9 related move-in can take up to 3 months. Such temporary units
10 may be used for immediate temporary housing, not to exceed 90
11 days for purposes of preventing the individual from reentering
12 homelessness or unstable housing, or avoiding unnecessary
13 institutionalization. The Department of Human Services,
14 Division of Mental Health, shall allow providers to certify
15 that such rental units meet minimum housing quality standards
16 and ensure a process by which community providers are able to
17 secure vacant rental units for the purpose of immediate
18 short-term housing post-hospital discharge or correctional
19 system release while a longer term housing rental unit is
20 secured.
21 (Source: P.A. 102-66, eff. 7-9-21.)
22 (405 ILCS 125/40)
23 Sec. 40. Subsidy administration. The bridge rental subsidy
24 administration (such as payment of rent to the landlord and
25 other administration expenses) and quality inspection of the
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1 rental units may be done by community-based organizations with
2 experience and expertise in housing subsidy administration and
3 by Community Mental Health Centers that the Department of
4 Human Services, Division of Mental Health, determines have the
5 administrative infrastructure for subsidy administration. Such
6 organizations shall manage and administer all aspects of the
7 subsidy (such as payment of rent, quality inspections) on
8 behalf of the subsidy holder.
9 (Source: P.A. 102-66, eff. 7-9-21.)
10 (405 ILCS 125/45)
11 Sec. 45. Landlord education and stigma reduction plan and
12 materials. The Department of Human Services, Division of
13 Mental Health, with meaningful input from stakeholders, shall
14 develop a plan for educating prospective landlords that may
15 lease to individuals receiving a bridge rental subsidy through
16 the Housing is Recovery program. This educational plan shall
17 include written materials that indicate that individuals with
18 psychiatric disabilities and substance use disorders often
19 have criminal justice involvement due to their previously
20 untreated mental health or substance use condition and periods
21 of homelessness. Implementation of this plan shall be rolled
22 out in conjunction with the implementation of the Housing is
23 Recovery program.
24 (Source: P.A. 102-66, eff. 7-9-21.)
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1 (405 ILCS 125/50)
2 Sec. 50. State agency coordination. The Department of
3 Human Services, Division of Mental Health, shall partner with
4 SUPR to ensure coordination of the services required pursuant
5 to this Act and all substance use recovery support services
6 and treatment for which the Department SUPR has oversight. The
7 Department of Human Services, Division of Mental Health, shall
8 also work with the Department of Healthcare and Family
9 Services to maximize all recovery support services and
10 treatment that are or can be covered by Medicaid.
11 (Source: P.A. 102-66, eff. 7-9-21.)
12 (405 ILCS 125/55)
13 Sec. 55. Provider and State agency education on the pilot
14 program. The Department of Human Services, Division of Mental
15 Health shall put together written materials on the Housing is
16 Recovery program and eligibility criteria for purposes of
17 educating participating providers, county jails, the
18 Department of Corrections, hospitals and other relevant
19 stakeholders on the program. The Department of Human Services,
20 Division of Mental Health, shall engage in an ongoing
21 education effort to ensure that all stakeholders are aware of
22 the program and how to screen for eligibility and referral.
23 (Source: P.A. 102-66, eff. 7-9-21.)
24 (405 ILCS 125/60)
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1 Sec. 60. Reimbursement for subsidy administration, housing
2 support and engagement services and other program costs. The
3 Department of Human Services, Division of Mental Health shall
4 develop a reimbursement approach for community providers doing
5 subsidy administration that covers all costs of subsidy
6 administration, quality inspection and other services. The
7 Department of Human Services, Division of Mental Health shall
8 also develop a reimbursement approach that covers all costs
9 incurred by Community Mental Health Centers and housing
10 services providers for identifying and securing rental units
11 for subsidy holders, including all travel related to finding
12 and locating an apartment and move-in of the subsidy holder,
13 quality inspections for temporary housing units, completing
14 and submitting SOAR applications, the costs associated with
15 obtaining necessary documents associated with obtaining a
16 lease for the subsidy holder (such as obtaining a State ID);
17 for engagement services not covered by Medicaid; and for any
18 other reasonable and necessary costs associated with the
19 program outlined in this Act. Reimbursement shall also include
20 all costs associated with collecting and tracking data for
21 purposes of program evaluation and improvement. At the
22 discretion of the Department of Human Services, Division of
23 Mental Health, up to 5% of the annual appropriation may be
24 applied to growing mental health or substance use treatment or
25 recovery support capacity if a participating provider in the
26 Housing is Recovery program demonstrates an inability to take
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1 eligible individuals due to such capacity limitations.
2 (Source: P.A. 102-66, eff. 7-9-21.)
3 (405 ILCS 125/70)
4 Sec. 70. Developing public-private partnerships to expand
5 affordable housing options for those with serious mental
6 illnesses. The Department of Human Services, Division of
7 Mental Health shall work with the Department of Healthcare and
8 Family Services, Medicaid managed care organizations and
9 hospitals across the State to develop public-private
10 partnerships to incentivize private funding from hospitals and
11 managed care organizations to match State dollars invested in
12 the Housing is Recovery program for purposes of preventing
13 repeated preventable hospitalizations, overdose deaths and
14 unnecessary institutionalization.
15 (Source: P.A. 102-66, eff. 7-9-21.)
16 (405 ILCS 125/75)
17 Sec. 75. Data collection and program evaluation.
18 (a) For purposes of evaluating the effectiveness of the
19 Housing is Recovery program and for making improvements to the
20 program, the Department of Human Services, Division of Mental
21 Health shall contract with an independent outside research
22 organization with expertise in housing services for
23 individuals with serious mental illnesses and substance use
24 disorders to evaluate the program's effectiveness on enabling
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1 housing stability, reducing hospitalizations and justice
2 system involvement, encouraging engagement in mental health
3 and substance use treatment, fostering employment engagement,
4 and reducing institutionalization and overdose deaths. Such
5 evaluation shall commence after 4 years of implementation of
6 the program and shall be submitted to the General Assembly by
7 the end of the fifth year of implementation. For purposes of
8 assisting with this evaluation, the working group established
9 pursuant to Section 20 shall also make recommendations to the
10 Department of Human Services, Division of Mental Health,
11 regarding what data must be tracked by providers and the
12 Department of Human Services, Division of Mental Health, to
13 evaluate the program and to make future changes to the program
14 to ensure its effectiveness in meeting the triple aim stated
15 in Section 5.
16 (b) Beginning after the first 12 months of implementation
17 and on an annual basis, the Department of Human Services,
18 Division of Mental Health, shall track and make public the
19 following information: (1) the number of individuals receiving
20 subsidies in reporting period (12-month average); (2)
21 participant demographics including age, race, gender identity,
22 and primary language; (3) the average duration of time
23 individuals are enrolled in the program (by months); (4) the
24 number of individuals removed from the program and reasons for
25 removal; (5) the number of grievances filed by participants
26 and a summary of grievance type; and (6) program referral
SB3722 Enrolled - 207 - LRB104 20597 KTG 34087 b
1 sources. Reports shall be generated on an annual basis and
2 publicly posted on the Department of Human Services website.
3 (Source: P.A. 102-66, eff. 7-9-21.)
4 Section 135. The Ensuring a More Qualified, Competent, and
5 Diverse Community Behavioral Health Workforce Act is amended
6 by changing Sections 1-10, 1-20, 1-30, and 1-35 as follows:
7 (405 ILCS 145/1-10)
8 Sec. 1-10. Grant awards. To develop and enhance
9 professional development opportunities and diversity in the
10 behavioral health field, and increase access to quality care,
11 the Department of Human Services, Division of Mental Health,
12 shall award grants or contracts to community mental health
13 centers or behavioral health clinics licensed or certified by
14 the Department of Human Services or the Department of
15 Healthcare and Family Services to establish or enhance
16 training and supervision of interns and behavioral health
17 providers-in-training pursuing licensure as a licensed
18 clinical social worker, licensed clinical professional
19 counselor, and licensed marriage and family therapist.
20 (Source: P.A. 102-1053, eff. 6-10-22.)
21 (405 ILCS 145/1-20)
22 Sec. 1-20. Priority. In awarding grants and contracts
23 under this Act, the Department of Human Services, Division of
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1 Mental Health, shall give priority to eligible entities in
2 underserved urban areas and rural areas of the State.
3 (Source: P.A. 102-1053, eff. 6-10-22.)
4 (405 ILCS 145/1-30)
5 Sec. 1-30. Application submission. An entity seeking a
6 grant or contract under this Act shall submit an application
7 at such time, in such manner, and accompanied by such
8 information as the Department of Human Services, Division of
9 Mental Health, may require. Requirements by the Department of
10 Human Services, Division of Mental Health shall be done in a
11 way that ensures minimum additional administrative work.
12 (Source: P.A. 102-1053, eff. 6-10-22.)
13 (405 ILCS 145/1-35)
14 Sec. 1-35. Reporting. Reporting requirements for the
15 grant agreement shall be set forth by the Department of Human
16 Services, Division of Mental Health.
17 (Source: P.A. 102-1053, eff. 6-10-22.)
18 Section 140. The Workforce Direct Care Expansion Act is
19 amended by changing Sections 10 and 15 as follows:
20 (405 ILCS 162/10)
21 Sec. 10. The Behavioral Health Administrative Burden Task
22 Force.
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1 (a) The Behavioral Health Administrative Burden Task Force
2 is established within the Office of the Chief Behavioral
3 Health Officer, in partnership with the Department of Human
4 Services Division of Mental Health and Division of Substance
5 Use Prevention and Recovery, the Department of Healthcare and
6 Family Services, the Department of Children and Family
7 Services, and the Department of Public Health.
8 (b) The Task Force shall review policies and regulations
9 affecting the behavioral health industry to identify
10 inefficiencies, duplicate or unnecessary requirements, unduly
11 burdensome restrictions, and other administrative barriers
12 that prevent behavioral health professionals from providing
13 services.
14 (c) The Task Force shall analyze the impact of
15 administrative burdens on the delivery of quality care and
16 access to behavioral health services by:
17 (1) collecting data on the administrative tasks,
18 paperwork, and reporting requirements currently imposed on
19 behavioral health professionals in Illinois;
20 (2) engaging with behavioral health professionals,
21 including providers of all relevant license and
22 certification types, to gather input on specific
23 administrative challenges they face;
24 (3) seeking input from clients and service recipients
25 to understand the impact of administrative requirements on
26 their care; and
SB3722 Enrolled - 210 - LRB104 20597 KTG 34087 b
1 (4) conducting a comparative analysis of documentation
2 requirements with other geographic jurisdictions.
3 (d) The Task Force shall collaborate with relevant State
4 agencies to identify areas where administrative processes can
5 be standardized and harmonized by:
6 (1) researching best practices and successful
7 administrative burden reduction models from other states
8 or jurisdictions;
9 (2) unifying administrative requirements, such as
10 screening, assessment, treatment planning, and personnel
11 requirements, including background checks, where possible
12 among state bodies; and
13 (3) identifying and seeking to replicate reform
14 efforts that have been successful in other jurisdictions.
15 (e) The Task Force shall identify innovative technologies
16 and tools that can help automate and streamline administrative
17 tasks and explore the potential for interagency data sharing
18 and integration to reduce redundant reporting by:
19 (1) researching best practices around shared data
20 platforms to improve the delivery of behavioral health
21 services and ensure that such platforms do not result in a
22 duplication of data entry, including coverage of any
23 relevant software costs to avoid duplication;
24 (2) facilitating the secure exchange of client
25 information, treatment plans, and service coordination
26 among health care providers, behavioral health facilities,
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1 State-level regulatory bodies, and other relevant
2 entities;
3 (3) reducing administrative burdens and duplicative
4 data entry for service providers;
5 (4) ensuring compliance with federal and state privacy
6 regulations, including the Health Insurance Portability
7 and Accountability Act, 42 CFR Part 2, and other relevant
8 laws and regulations; and
9 (5) improving access to timely client care, with an
10 emphasis on clients receiving services under the Medical
11 Assistance Program.
12 (f) The Task Force shall eliminate documentation
13 redundancy and coordinate the sharing of information among
14 State agencies by:
15 (1) standardizing forms at the State-level to simplify
16 access, reduce administrative burden, ensure consistency,
17 and unify requirements across all behavioral health
18 provider types where possible;
19 (2) identifying areas where standardized language
20 would be allowable so that staff can focus on
21 individualizing relevant components of documentation;
22 (3) reducing and standardizing, when possible, the
23 information required for assessments and treatment plan
24 goals and consolidate documentation required in these
25 areas for mental health and substance use clients;
26 (4) evaluating, reducing, and streamlining information
SB3722 Enrolled - 212 - LRB104 20597 KTG 34087 b
1 collected for the registration process, including the
2 process for uploading information and resolving errors;
3 (5) reducing the number of data fields that must be
4 repeated across forms; and
5 (6) streamlining State-level reporting requirements
6 for federal and State grants and remove unnecessary
7 reporting requirements for provider grants funded with
8 state or federal dollars where possible.
9 (g) The Task Force shall develop recommendations for
10 legislative or regulatory changes that can reduce
11 administrative burdens while maintaining client safety and
12 quality of care by:
13 (1) advocating for parity across settings and
14 regulatory entities, including among community, private
15 practice, and State-operated settings;
16 (2) identifying opportunities for reporting
17 efficiencies or technology solutions to share data across
18 reports;
19 (3) evaluating and considering opportunities to
20 simplify funding and seek legislative reform to align
21 requirements across funding streams and regulatory
22 entities; and
23 (4) recommending procedures for more flexibility with
24 deadlines where justified.
25 (h) The Task Force shall participate in statewide efforts
26 to integrate mental health and substance use disorder
SB3722 Enrolled - 213 - LRB104 20597 KTG 34087 b
1 administrative functions.
2 (Source: P.A. 103-690, eff. 7-19-24.)
3 (405 ILCS 162/15)
4 Sec. 15. Membership. The Task Force shall be chaired by
5 Illinois' Chief Behavioral Health Officer or the Officer's
6 designee. The chair of the Task Force may designate an entity
7 or entities to provide administrative support to the Task
8 Force. Except as otherwise provided in this Section, members
9 of the Task Force shall be appointed by the chair. The Task
10 Force shall consist of at least 15 members, including, but not
11 limited to, the following:
12 (1) community mental health and substance use
13 providers representing geographical regions across the
14 State;
15 (2) representatives of statewide associations that
16 represent behavioral health providers;
17 (3) representatives of advocacy organizations either
18 led by or consisting primarily of individuals with lived
19 experience;
20 (4) 2 representatives a representative from the
21 Division of Behavioral Health and Recovery Mental Health
22 in the Department of Human Services;
23 (5) (blank); a representative from the Division of
24 Substance Use Prevention and Recovery in the Department of
25 Human Services;
SB3722 Enrolled - 214 - LRB104 20597 KTG 34087 b
1 (6) a representative from the Department of Children
2 and Family Services;
3 (7) a representative from the Department of Public
4 Health;
5 (8) one member of the House of Representatives,
6 appointed by the Speaker of the House of Representatives;
7 (9) one member of the House of Representatives,
8 appointed by the Minority Leader of the House of
9 Representatives;
10 (10) one member of the Senate, appointed by the
11 President of the Senate; and
12 (11) one member of the Senate, appointed by the
13 Minority Leader of the Senate.
14 (Source: P.A. 103-690, eff. 7-19-24; 103-1075, eff. 3-21-25.)
15 Section 145. The Overdose Prevention and Harm Reduction
16 Act is amended by changing Section 10 as follows:
17 (410 ILCS 710/10)
18 Sec. 10. Dispensing of drug adulterant testing supplies. A
19 pharmacist, physician, advanced practice registered nurse, or
20 physician assistant, or the pharmacist's, physician's,
21 advanced practice registered nurse's, or physician assistant's
22 designee, or a trained overdose responder for an organization
23 enrolled in the Drug Overdose Prevention Program administered
24 by the Department of Human Services, Division of Behavioral
SB3722 Enrolled - 215 - LRB104 20597 KTG 34087 b
1 Health Substance Use Prevention and Recovery may dispense drug
2 adulterant testing supplies to any person. Any drug adulterant
3 testing supplies to be dispensed under this Section must be
4 stored at a licensed pharmacy, hospital, clinic, or other
5 health care facility, at the medical office of a physician,
6 advanced practice registered nurse, or physician assistant, or
7 at the premises of the organization enrolled in the Drug
8 Overdose Prevention Program. Drug adulterant testing supplies
9 shall also be stored so that they are accessible only by
10 pharmacists, physicians, advanced practice registered nurses,
11 or physician assistants employed at the pharmacy, hospital,
12 clinic, or other health care facility or medical office, the
13 designees of the pharmacist, physician, advanced practice
14 registered nurse, or physician assistant, and trained overdose
15 responders for those organizations enrolled in the Drug
16 Overdose Prevention Program administered by the Department of
17 Human Services, Division of Behavioral Health Substance Use
18 Prevention and Recovery. Drug adulterant testing supplies
19 dispensed at a retail store containing a pharmacy under this
20 Section may be dispensed only from the pharmacy department of
21 the retail store. No quantity of drug adulterant testing
22 supplies greater than necessary to conduct 5 assays of
23 substances suspected of containing adulterants shall be
24 dispensed in any single transaction.
25 (Source: P.A. 102-1039, eff. 6-2-22; 103-115, eff. 1-1-24.)
SB3722 Enrolled - 216 - LRB104 20597 KTG 34087 b
1 Section 150. The DUI Prevention and Education Commission
2 Act is amended by changing Section 5 as follows:
3 (625 ILCS 70/5)
4 Sec. 5. The DUI Prevention and Education Commission.
5 (a) The DUI Prevention and Education Commission is
6 created, consisting of the following members:
7 (1) one member from the Office of the Secretary of
8 State, appointed by the Secretary of State;
9 (2) one member representing law enforcement, appointed
10 by the Department of State Police;
11 (3) one member from the Division of Behavioral Health
12 Substance Use Prevention and Recovery of the Department of
13 Human Services, appointed by the Secretary of the
14 Department of Human Services;
15 (4) one member from the Bureau of Safety Programs and
16 Engineering of the Department of Transportation, appointed
17 by the Secretary of the Department of Transportation; and
18 (5) the Director of the Office of the State's
19 Attorneys Appellate Prosecutor, or his or her designee.
20 (b) The members of the Commission shall be appointed
21 within 60 days after the effective date of this Act.
22 (c) The members of the Commission shall receive no
23 compensation for serving as members of the Commission.
24 (d) The Department of Transportation shall provide
25 administrative support to the Commission.
SB3722 Enrolled - 217 - LRB104 20597 KTG 34087 b
1 (Source: P.A. 101-196, eff. 1-1-20.)
2 Section 155. The Illinois Controlled Substances Act is
3 amended by changing Sections 102, 220, and 316 as follows:
4 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
5 Sec. 102. Definitions. As used in this Act, unless the
6 context otherwise requires:
7 (a) "Person with a substance use disorder" means any
8 person who has a substance use disorder diagnosis defined as a
9 spectrum of persistent and recurring problematic behavior that
10 encompasses 10 separate classes of drugs: alcohol; caffeine;
11 cannabis; hallucinogens; inhalants; opioids; sedatives,
12 hypnotics and anxiolytics; stimulants; and tobacco; and other
13 unknown substances leading to clinically significant
14 impairment or distress.
15 (b) "Administer" means the direct application of a
16 controlled substance, whether by injection, inhalation,
17 ingestion, or any other means, to the body of a patient,
18 research subject, or animal (as defined by the Humane
19 Euthanasia in Animal Shelters Act) by:
20 (1) a practitioner (or, in his or her presence, by his
21 or her authorized agent),
22 (2) the patient or research subject pursuant to an
23 order, or
24 (3) a euthanasia technician as defined by the Humane
SB3722 Enrolled - 218 - LRB104 20597 KTG 34087 b
1 Euthanasia in Animal Shelters Act.
2 (c) "Agent" means an authorized person who acts on behalf
3 of or at the direction of a manufacturer, distributor,
4 dispenser, prescriber, or practitioner. It does not include a
5 common or contract carrier, public warehouseman or employee of
6 the carrier or warehouseman.
7 (c-1) "Anabolic Steroids" means any drug or hormonal
8 substance, chemically and pharmacologically related to
9 testosterone (other than estrogens, progestins,
10 corticosteroids, and dehydroepiandrosterone), and includes:
11 (i) 3[beta],17-dihydroxy-5a-androstane,
12 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
13 (iii) 5[alpha]-androstan-3,17-dione,
14 (iv) 1-androstenediol (3[beta],
15 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
16 (v) 1-androstenediol (3[alpha],
17 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
18 (vi) 4-androstenediol
19 (3[beta],17[beta]-dihydroxy-androst-4-ene),
20 (vii) 5-androstenediol
21 (3[beta],17[beta]-dihydroxy-androst-5-ene),
22 (viii) 1-androstenedione
23 ([5alpha]-androst-1-en-3,17-dione),
24 (ix) 4-androstenedione
25 (androst-4-en-3,17-dione),
26 (x) 5-androstenedione
SB3722 Enrolled - 219 - LRB104 20597 KTG 34087 b
1 (androst-5-en-3,17-dione),
2 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
3 hydroxyandrost-4-en-3-one),
4 (xii) boldenone (17[beta]-hydroxyandrost-
5 1,4,-diene-3-one),
6 (xiii) boldione (androsta-1,4-
7 diene-3,17-dione),
8 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17
9 [beta]-hydroxyandrost-4-en-3-one),
10 (xv) clostebol (4-chloro-17[beta]-
11 hydroxyandrost-4-en-3-one),
12 (xvi) dehydrochloromethyltestosterone (4-chloro-
13 17[beta]-hydroxy-17[alpha]-methyl-
14 androst-1,4-dien-3-one),
15 (xvii) desoxymethyltestosterone
16 (17[alpha]-methyl-5[alpha]
17 -androst-2-en-17[beta]-ol)(a.k.a., madol),
18 (xviii) [delta]1-dihydrotestosterone (a.k.a.
19 '1-testosterone') (17[beta]-hydroxy-
20 5[alpha]-androst-1-en-3-one),
21 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-
22 androstan-3-one),
23 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
24 5[alpha]-androstan-3-one),
25 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
26 hydroxyestr-4-ene),
SB3722 Enrolled - 220 - LRB104 20597 KTG 34087 b
1 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
2 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
3 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
4 17[beta]-dihydroxyandrost-1,4-dien-3-one),
5 (xxiv) furazabol (17[alpha]-methyl-17[beta]-
6 hydroxyandrostano[2,3-c]-furazan),
7 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
8 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
9 androst-4-en-3-one),
10 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
11 dihydroxy-estr-4-en-3-one),
12 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-
13 hydroxy-5-androstan-3-one),
14 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-
15 [5a]-androstan-3-one),
16 (xxx) methandienone (17[alpha]-methyl-17[beta]-
17 hydroxyandrost-1,4-dien-3-one),
18 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
19 dihydroxyandrost-5-ene),
20 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-
21 5[alpha]-androst-1-en-3-one),
22 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
23 dihydroxy-5a-androstane,
24 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
25 -5a-androstane,
26 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-
SB3722 Enrolled - 221 - LRB104 20597 KTG 34087 b
1 dihydroxyandrost-4-ene),
2 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
3 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
4 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
5 hydroxyestra-4,9(10)-dien-3-one),
6 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
7 hydroxyestra-4,9-11-trien-3-one),
8 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
9 hydroxyandrost-4-en-3-one),
10 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
11 hydroxyestr-4-en-3-one),
12 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
13 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
14 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
15 1-testosterone'),
16 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
17 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
18 dihydroxyestr-4-ene),
19 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
20 dihydroxyestr-4-ene),
21 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
22 dihydroxyestr-5-ene),
23 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
24 dihydroxyestr-5-ene),
25 (xlvii) 19-nor-4,9(10)-androstadienedione
26 (estra-4,9(10)-diene-3,17-dione),
SB3722 Enrolled - 222 - LRB104 20597 KTG 34087 b
1 (xlviii) 19-nor-4-androstenedione (estr-4-
2 en-3,17-dione),
3 (xlix) 19-nor-5-androstenedione (estr-5-
4 en-3,17-dione),
5 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-
6 hydroxygon-4-en-3-one),
7 (li) norclostebol (4-chloro-17[beta]-
8 hydroxyestr-4-en-3-one),
9 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-
10 hydroxyestr-4-en-3-one),
11 (liii) normethandrolone (17[alpha]-methyl-17[beta]-
12 hydroxyestr-4-en-3-one),
13 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
14 2-oxa-5[alpha]-androstan-3-one),
15 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
16 dihydroxyandrost-4-en-3-one),
17 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
18 17[beta]-hydroxy-(5[alpha]-androstan-3-one),
19 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
20 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),
21 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-
22 (5[alpha]-androst-1-en-3-one),
23 (lix) testolactone (13-hydroxy-3-oxo-13,17-
24 secoandrosta-1,4-dien-17-oic
25 acid lactone),
26 (lx) testosterone (17[beta]-hydroxyandrost-
SB3722 Enrolled - 223 - LRB104 20597 KTG 34087 b
1 4-en-3-one),
2 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
3 diethyl-17[beta]-hydroxygon-
4 4,9,11-trien-3-one),
5 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,
6 11-trien-3-one).
7 Any person who is otherwise lawfully in possession of an
8 anabolic steroid, or who otherwise lawfully manufactures,
9 distributes, dispenses, delivers, or possesses with intent to
10 deliver an anabolic steroid, which anabolic steroid is
11 expressly intended for and lawfully allowed to be administered
12 through implants to livestock or other nonhuman species, and
13 which is approved by the Secretary of Health and Human
14 Services for such administration, and which the person intends
15 to administer or have administered through such implants,
16 shall not be considered to be in unauthorized possession or to
17 unlawfully manufacture, distribute, dispense, deliver, or
18 possess with intent to deliver such anabolic steroid for
19 purposes of this Act.
20 (d) "Administration" means the Drug Enforcement
21 Administration, United States Department of Justice, or its
22 successor agency.
23 (d-5) "Clinical Director, Prescription Monitoring Program"
24 means a Department of Human Services administrative employee
25 licensed to either prescribe or dispense controlled substances
26 who shall run the clinical aspects of the Department of Human
SB3722 Enrolled - 224 - LRB104 20597 KTG 34087 b
1 Services Prescription Monitoring Program and its Prescription
2 Information Library.
3 (d-10) "Compounding" means the preparation and mixing of
4 components, excluding flavorings, (1) as the result of a
5 prescriber's prescription drug order or initiative based on
6 the prescriber-patient-pharmacist relationship in the course
7 of professional practice or (2) for the purpose of, or
8 incident to, research, teaching, or chemical analysis and not
9 for sale or dispensing. "Compounding" includes the preparation
10 of drugs or devices in anticipation of receiving prescription
11 drug orders based on routine, regularly observed dispensing
12 patterns. Commercially available products may be compounded
13 for dispensing to individual patients only if both of the
14 following conditions are met: (i) the commercial product is
15 not reasonably available from normal distribution channels in
16 a timely manner to meet the patient's needs and (ii) the
17 prescribing practitioner has requested that the drug be
18 compounded.
19 (e) "Control" means to add a drug or other substance, or
20 immediate precursor, to a Schedule whether by transfer from
21 another Schedule or otherwise.
22 (f) "Controlled Substance" means (i) a drug, substance,
23 immediate precursor, or synthetic drug in the Schedules of
24 Article II of this Act or (ii) a drug or other substance, or
25 immediate precursor, designated as a controlled substance by
26 the Department through administrative rule. The term does not
SB3722 Enrolled - 225 - LRB104 20597 KTG 34087 b
1 include distilled spirits, wine, malt beverages, or tobacco,
2 as those terms are defined or used in the Liquor Control Act of
3 1934 and the Tobacco Products Tax Act of 1995.
4 (f-5) "Controlled substance analog" means a substance:
5 (1) the chemical structure of which is substantially
6 similar to the chemical structure of a controlled
7 substance in Schedule I or II;
8 (2) which has a stimulant, depressant, or
9 hallucinogenic effect on the central nervous system that
10 is substantially similar to or greater than the stimulant,
11 depressant, or hallucinogenic effect on the central
12 nervous system of a controlled substance in Schedule I or
13 II; or
14 (3) with respect to a particular person, which such
15 person represents or intends to have a stimulant,
16 depressant, or hallucinogenic effect on the central
17 nervous system that is substantially similar to or greater
18 than the stimulant, depressant, or hallucinogenic effect
19 on the central nervous system of a controlled substance in
20 Schedule I or II.
21 (g) "Counterfeit substance" means a controlled substance,
22 which, or the container or labeling of which, without
23 authorization bears the trademark, trade name, or other
24 identifying mark, imprint, number or device, or any likeness
25 thereof, of a manufacturer, distributor, or dispenser other
26 than the person who in fact manufactured, distributed, or
SB3722 Enrolled - 226 - LRB104 20597 KTG 34087 b
1 dispensed the substance.
2 (h) "Deliver" or "delivery" means the actual, constructive
3 or attempted transfer of possession of a controlled substance,
4 with or without consideration, whether or not there is an
5 agency relationship. "Deliver" or "delivery" does not include
6 the donation of drugs to the extent permitted under the
7 Illinois Drug Reuse Opportunity Program Act.
8 (i) "Department" means the Illinois Department of Human
9 Services (as successor to the Department of Alcoholism and
10 Substance Abuse) or its successor agency.
11 (j) (Blank).
12 (k) "Department of Corrections" means the Department of
13 Corrections of the State of Illinois or its successor agency.
14 (l) "Department of Financial and Professional Regulation"
15 means the Department of Financial and Professional Regulation
16 of the State of Illinois or its successor agency.
17 (m) "Depressant" means any drug that (i) causes an overall
18 depression of central nervous system functions, (ii) causes
19 impaired consciousness and awareness, and (iii) can be
20 habit-forming or lead to a substance misuse or substance use
21 disorder, including, but not limited to, alcohol, cannabis and
22 its active principles and their analogs, benzodiazepines and
23 their analogs, barbiturates and their analogs, opioids
24 (natural and synthetic) and their analogs, and chloral hydrate
25 and similar sedative hypnotics.
26 (n) (Blank).
SB3722 Enrolled - 227 - LRB104 20597 KTG 34087 b
1 (o) "Director" means the Director of the Illinois State
2 Police or his or her designated agents.
3 (p) "Dispense" means to deliver a controlled substance to
4 an ultimate user or research subject by or pursuant to the
5 lawful order of a prescriber, including the prescribing,
6 administering, packaging, labeling, or compounding necessary
7 to prepare the substance for that delivery.
8 (q) "Dispenser" means a practitioner who dispenses.
9 (r) "Distribute" means to deliver, other than by
10 administering or dispensing, a controlled substance.
11 (s) "Distributor" means a person who distributes.
12 (t) "Drug" means (1) substances recognized as drugs in the
13 official United States Pharmacopoeia, Official Homeopathic
14 Pharmacopoeia of the United States, or official National
15 Formulary, or any supplement to any of them; (2) substances
16 intended for use in diagnosis, cure, mitigation, treatment, or
17 prevention of disease in man or animals; (3) substances (other
18 than food) intended to affect the structure of any function of
19 the body of man or animals and (4) substances intended for use
20 as a component of any article specified in clause (1), (2), or
21 (3) of this subsection. It does not include devices or their
22 components, parts, or accessories.
23 (t-3) "Electronic health record" or "EHR" means an
24 electronic record of health-related information on an
25 individual that is created, gathered, managed, and consulted
26 by authorized health care clinicians and staff.
SB3722 Enrolled - 228 - LRB104 20597 KTG 34087 b
1 (t-3.5) "Electronic health record system" or "EHR system"
2 means any computer-based system or combination of federally
3 certified Health IT Modules (defined at 42 CFR 170.102 or its
4 successor) used as a repository for electronic health records
5 and accessed or updated by a prescriber or authorized
6 surrogate in the ordinary course of his or her medical
7 practice. For purposes of connecting to the Prescription
8 Information Library maintained by the Division of Behavioral
9 Health and Recovery Bureau of Pharmacy and Clinical Support
10 Systems or its successor, an EHR system may connect to the
11 Prescription Information Library directly or through all or
12 part of a computer program or system that is a federally
13 certified Health IT Module maintained by a third party and
14 used by the EHR system to secure access to the database.
15 (t-4) "Emergency medical services personnel" has the
16 meaning ascribed to it in the Emergency Medical Services (EMS)
17 Systems Act.
18 (t-5) "Euthanasia agency" means an entity certified by the
19 Department of Financial and Professional Regulation for the
20 purpose of animal euthanasia that holds an animal control
21 facility license or animal shelter license under the Animal
22 Welfare Act. A euthanasia agency is authorized to purchase,
23 store, possess, and utilize Schedule II nonnarcotic and
24 Schedule III nonnarcotic drugs for the sole purpose of animal
25 euthanasia.
26 (t-10) "Euthanasia drugs" means Schedule II or Schedule
SB3722 Enrolled - 229 - LRB104 20597 KTG 34087 b
1 III substances (nonnarcotic controlled substances) that are
2 used by a euthanasia agency for the purpose of animal
3 euthanasia.
4 (u) "Good faith" means the prescribing or dispensing of a
5 controlled substance by a practitioner in the regular course
6 of professional treatment to or for any person who is under his
7 or her treatment for a pathology or condition other than that
8 individual's physical or psychological dependence upon a
9 controlled substance, except as provided herein: and
10 application of the term to a pharmacist shall mean the
11 dispensing of a controlled substance pursuant to the
12 prescriber's order which in the professional judgment of the
13 pharmacist is lawful. The pharmacist shall be guided by
14 accepted professional standards, including, but not limited
15 to, the following, in making the judgment:
16 (1) lack of consistency of prescriber-patient
17 relationship,
18 (2) frequency of prescriptions for same drug by one
19 prescriber for large numbers of patients,
20 (3) quantities beyond those normally prescribed,
21 (4) unusual dosages (recognizing that there may be
22 clinical circumstances where more or less than the usual
23 dose may be used legitimately),
24 (5) unusual geographic distances between patient,
25 pharmacist and prescriber,
26 (6) consistent prescribing of habit-forming drugs.
SB3722 Enrolled - 230 - LRB104 20597 KTG 34087 b
1 (u-0.5) "Hallucinogen" means a drug that causes markedly
2 altered sensory perception leading to hallucinations of any
3 type.
4 (u-1) "Home infusion services" means services provided by
5 a pharmacy in compounding solutions for direct administration
6 to a patient in a private residence, long-term care facility,
7 or hospice setting by means of parenteral, intravenous,
8 intramuscular, subcutaneous, or intraspinal infusion.
9 (u-5) "Illinois State Police" means the Illinois State
10 Police or its successor agency.
11 (v) "Immediate precursor" means a substance:
12 (1) which the Department has found to be and by rule
13 designated as being a principal compound used, or produced
14 primarily for use, in the manufacture of a controlled
15 substance;
16 (2) which is an immediate chemical intermediary used
17 or likely to be used in the manufacture of such controlled
18 substance; and
19 (3) the control of which is necessary to prevent,
20 curtail or limit the manufacture of such controlled
21 substance.
22 (w) "Instructional activities" means the acts of teaching,
23 educating or instructing by practitioners using controlled
24 substances within educational facilities approved by the State
25 Board of Education or its successor agency.
26 (x) "Local authorities" means a duly organized State,
SB3722 Enrolled - 231 - LRB104 20597 KTG 34087 b
1 County or Municipal peace unit or police force.
2 (y) "Look-alike substance" means a substance, other than a
3 controlled substance which (1) by overall dosage unit
4 appearance, including shape, color, size, markings or lack
5 thereof, taste, consistency, or any other identifying physical
6 characteristic of the substance, would lead a reasonable
7 person to believe that the substance is a controlled
8 substance, or (2) is expressly or impliedly represented to be
9 a controlled substance or is distributed under circumstances
10 which would lead a reasonable person to believe that the
11 substance is a controlled substance. For the purpose of
12 determining whether the representations made or the
13 circumstances of the distribution would lead a reasonable
14 person to believe the substance to be a controlled substance
15 under this clause (2) of subsection (y), the court or other
16 authority may consider the following factors in addition to
17 any other factor that may be relevant:
18 (a) statements made by the owner or person in control
19 of the substance concerning its nature, use or effect;
20 (b) statements made to the buyer or recipient that the
21 substance may be resold for profit;
22 (c) whether the substance is packaged in a manner
23 normally used for the illegal distribution of controlled
24 substances;
25 (d) whether the distribution or attempted distribution
26 included an exchange of or demand for money or other
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1 property as consideration, and whether the amount of the
2 consideration was substantially greater than the
3 reasonable retail market value of the substance.
4 Clause (1) of this subsection (y) shall not apply to a
5 noncontrolled substance in its finished dosage form that was
6 initially introduced into commerce prior to the initial
7 introduction into commerce of a controlled substance in its
8 finished dosage form which it may substantially resemble.
9 Nothing in this subsection (y) prohibits the dispensing or
10 distributing of noncontrolled substances by persons authorized
11 to dispense and distribute controlled substances under this
12 Act, provided that such action would be deemed to be carried
13 out in good faith under subsection (u) if the substances
14 involved were controlled substances.
15 Nothing in this subsection (y) or in this Act prohibits
16 the manufacture, preparation, propagation, compounding,
17 processing, packaging, advertising or distribution of a drug
18 or drugs by any person registered pursuant to Section 510 of
19 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
20 (y-1) "Mail-order pharmacy" means a pharmacy that is
21 located in a state of the United States that delivers,
22 dispenses or distributes, through the United States Postal
23 Service or other common carrier, to Illinois residents, any
24 substance which requires a prescription.
25 (z) "Manufacture" means the production, preparation,
26 propagation, compounding, conversion or processing of a
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1 controlled substance other than methamphetamine, either
2 directly or indirectly, by extraction from substances of
3 natural origin, or independently by means of chemical
4 synthesis, or by a combination of extraction and chemical
5 synthesis, and includes any packaging or repackaging of the
6 substance or labeling of its container, except that this term
7 does not include:
8 (1) by an ultimate user, the preparation or
9 compounding of a controlled substance for his or her own
10 use;
11 (2) by a practitioner, or his or her authorized agent
12 under his or her supervision, the preparation,
13 compounding, packaging, or labeling of a controlled
14 substance:
15 (a) as an incident to his or her administering or
16 dispensing of a controlled substance in the course of
17 his or her professional practice; or
18 (b) as an incident to lawful research, teaching or
19 chemical analysis and not for sale; or
20 (3) the packaging, repackaging, or labeling of drugs
21 only to the extent permitted under the Illinois Drug Reuse
22 Opportunity Program Act.
23 (z-1) (Blank).
24 (z-5) "Medication shopping" means the conduct prohibited
25 under subsection (a) of Section 314.5 of this Act.
26 (z-10) "Mid-level practitioner" means (i) a physician
SB3722 Enrolled - 234 - LRB104 20597 KTG 34087 b
1 assistant who has been delegated authority to prescribe
2 through a written delegation of authority by a physician
3 licensed to practice medicine in all of its branches, in
4 accordance with Section 7.5 of the Physician Assistant
5 Practice Act of 1987, (ii) an advanced practice registered
6 nurse who has been delegated authority to prescribe through a
7 written delegation of authority by a physician licensed to
8 practice medicine in all of its branches or by a podiatric
9 physician, in accordance with Section 65-40 of the Nurse
10 Practice Act, (iii) an advanced practice registered nurse
11 certified as a nurse practitioner, nurse midwife, or clinical
12 nurse specialist who has been granted authority to prescribe
13 by a hospital affiliate in accordance with Section 65-45 of
14 the Nurse Practice Act, (iv) an animal euthanasia agency, or
15 (v) a prescribing psychologist.
16 (aa) "Narcotic drug" means any of the following, whether
17 produced directly or indirectly by extraction from substances
18 of vegetable origin, or independently by means of chemical
19 synthesis, or by a combination of extraction and chemical
20 synthesis:
21 (1) opium, opiates, derivatives of opium and opiates,
22 including their isomers, esters, ethers, salts, and salts
23 of isomers, esters, and ethers, whenever the existence of
24 such isomers, esters, ethers, and salts is possible within
25 the specific chemical designation; however the term
26 "narcotic drug" does not include the isoquinoline
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1 alkaloids of opium;
2 (2) (blank);
3 (3) opium poppy and poppy straw;
4 (4) coca leaves, except coca leaves and extracts of
5 coca leaves from which substantially all of the cocaine
6 and ecgonine, and their isomers, derivatives and salts,
7 have been removed;
8 (5) cocaine, its salts, optical and geometric isomers,
9 and salts of isomers;
10 (6) ecgonine, its derivatives, their salts, isomers,
11 and salts of isomers;
12 (7) any compound, mixture, or preparation which
13 contains any quantity of any of the substances referred to
14 in subparagraphs (1) through (6).
15 (bb) "Nurse" means a registered nurse licensed under the
16 Nurse Practice Act.
17 (cc) (Blank).
18 (dd) "Opiate" means a drug derived from or related to
19 opium.
20 (ee) "Opium poppy" means the plant of the species Papaver
21 somniferum L., except its seeds.
22 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
23 solution or other liquid form of medication intended for
24 administration by mouth, but the term does not include a form
25 of medication intended for buccal, sublingual, or transmucosal
26 administration.
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1 (ff) "Parole and Pardon Board" means the Parole and Pardon
2 Board of the State of Illinois or its successor agency.
3 (gg) "Person" means any individual, corporation,
4 mail-order pharmacy, government or governmental subdivision or
5 agency, business trust, estate, trust, partnership or
6 association, or any other entity.
7 (hh) "Pharmacist" means any person who holds a license or
8 certificate of registration as a registered pharmacist, a
9 local registered pharmacist or a registered assistant
10 pharmacist under the Pharmacy Practice Act.
11 (ii) "Pharmacy" means any store, ship or other place in
12 which pharmacy is authorized to be practiced under the
13 Pharmacy Practice Act.
14 (ii-5) "Pharmacy shopping" means the conduct prohibited
15 under subsection (b) of Section 314.5 of this Act.
16 (ii-10) "Physician" (except when the context otherwise
17 requires) means a person licensed to practice medicine in all
18 of its branches.
19 (jj) "Poppy straw" means all parts, except the seeds, of
20 the opium poppy, after mowing.
21 (kk) "Practitioner" means a physician licensed to practice
22 medicine in all its branches, dentist, optometrist, podiatric
23 physician, veterinarian, scientific investigator, pharmacist,
24 physician assistant, advanced practice registered nurse,
25 licensed practical nurse, registered nurse, emergency medical
26 services personnel, hospital, laboratory, or pharmacy, or
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1 other person licensed, registered, or otherwise lawfully
2 permitted by the United States or this State to distribute,
3 dispense, conduct research with respect to, administer or use
4 in teaching or chemical analysis, a controlled substance in
5 the course of professional practice or research.
6 (ll) "Pre-printed prescription" means a written
7 prescription upon which the designated drug has been indicated
8 prior to the time of issuance; the term does not mean a written
9 prescription that is individually generated by machine or
10 computer in the prescriber's office.
11 (mm) "Prescriber" means a physician licensed to practice
12 medicine in all its branches, dentist, optometrist,
13 prescribing psychologist licensed under Section 4.2 of the
14 Clinical Psychologist Licensing Act with prescriptive
15 authority delegated under Section 4.3 of the Clinical
16 Psychologist Licensing Act, podiatric physician, or
17 veterinarian who issues a prescription, a physician assistant
18 who issues a prescription for a controlled substance in
19 accordance with Section 303.05, a written delegation, and a
20 written collaborative agreement required under Section 7.5 of
21 the Physician Assistant Practice Act of 1987, an advanced
22 practice registered nurse with prescriptive authority
23 delegated under Section 65-40 of the Nurse Practice Act and in
24 accordance with Section 303.05, a written delegation, and a
25 written collaborative agreement under Section 65-35 of the
26 Nurse Practice Act, an advanced practice registered nurse
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1 certified as a nurse practitioner, nurse midwife, or clinical
2 nurse specialist who has been granted authority to prescribe
3 by a hospital affiliate in accordance with Section 65-45 of
4 the Nurse Practice Act and in accordance with Section 303.05,
5 or an advanced practice registered nurse certified as a nurse
6 practitioner, nurse midwife, or clinical nurse specialist who
7 has full practice authority pursuant to Section 65-43 of the
8 Nurse Practice Act.
9 (nn) "Prescription" means a written, facsimile, or oral
10 order, or an electronic order that complies with applicable
11 federal requirements, of a physician licensed to practice
12 medicine in all its branches, dentist, podiatric physician or
13 veterinarian for any controlled substance, of an optometrist
14 in accordance with Section 15.1 of the Illinois Optometric
15 Practice Act of 1987, of a prescribing psychologist licensed
16 under Section 4.2 of the Clinical Psychologist Licensing Act
17 with prescriptive authority delegated under Section 4.3 of the
18 Clinical Psychologist Licensing Act, of a physician assistant
19 for a controlled substance in accordance with Section 303.05,
20 a written delegation, and a written collaborative agreement
21 required under Section 7.5 of the Physician Assistant Practice
22 Act of 1987, of an advanced practice registered nurse with
23 prescriptive authority delegated under Section 65-40 of the
24 Nurse Practice Act who issues a prescription for a controlled
25 substance in accordance with Section 303.05, a written
26 delegation, and a written collaborative agreement under
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1 Section 65-35 of the Nurse Practice Act, of an advanced
2 practice registered nurse certified as a nurse practitioner,
3 nurse midwife, or clinical nurse specialist who has been
4 granted authority to prescribe by a hospital affiliate in
5 accordance with Section 65-45 of the Nurse Practice Act and in
6 accordance with Section 303.05 when required by law, or of an
7 advanced practice registered nurse certified as a nurse
8 practitioner, nurse midwife, or clinical nurse specialist who
9 has full practice authority pursuant to Section 65-43 of the
10 Nurse Practice Act.
11 (nn-5) "Prescription Information Library" (PIL) means an
12 electronic library that contains reported controlled substance
13 data.
14 (nn-10) "Prescription Monitoring Program" (PMP) means the
15 entity that collects, tracks, and stores reported data on
16 controlled substances and select drugs pursuant to Section
17 316.
18 (oo) "Production" or "produce" means manufacture,
19 planting, cultivating, growing, or harvesting of a controlled
20 substance other than methamphetamine.
21 (pp) "Registrant" means every person who is required to
22 register under Section 302 of this Act.
23 (qq) "Registry number" means the number assigned to each
24 person authorized to handle controlled substances under the
25 laws of the United States and of this State.
26 (qq-5) "Secretary" means, as the context requires, either
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1 the Secretary of the Department or the Secretary of the
2 Department of Financial and Professional Regulation, and the
3 Secretary's designated agents.
4 (rr) "State" includes the State of Illinois and any state,
5 district, commonwealth, territory, insular possession thereof,
6 and any area subject to the legal authority of the United
7 States of America.
8 (rr-5) "Stimulant" means any drug that (i) causes an
9 overall excitation of central nervous system functions, (ii)
10 causes impaired consciousness and awareness, and (iii) can be
11 habit-forming or lead to a substance use disorder, including,
12 but not limited to, amphetamines and their analogs,
13 methylphenidate and its analogs, cocaine, and phencyclidine
14 and its analogs.
15 (rr-10) "Synthetic drug" includes, but is not limited to,
16 any synthetic cannabinoids or piperazines or any synthetic
17 cathinones as provided for in Schedule I.
18 (ss) "Ultimate user" means a person who lawfully possesses
19 a controlled substance for his or her own use or for the use of
20 a member of his or her household or for administering to an
21 animal owned by him or her or by a member of his or her
22 household.
23 (Source: P.A. 102-389, eff. 1-1-22; 102-538, eff. 8-20-21;
24 102-813, eff. 5-13-22; 103-881, eff. 1-1-25.)
25 (720 ILCS 570/220)
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1 Sec. 220. Electronic health record systems. The Division
2 of Behavioral Health and Recovery Bureau of Pharmacy and
3 Clinical Support Systems shall establish a form to allow EHR
4 systems to certify the identity of a third party that will
5 provide access to the Prescription Information Library for the
6 EHR system using all or part of a computer program or system
7 that is a federally certified Health IT Module for the EHR
8 system. Before the Health IT Module is permitted to connect to
9 the Prescription Information Library, it must enter into a
10 business associate agreement with the EHR system that requires
11 the Health IT Module to agree to adhere to all requirements
12 imposed on the EHR system by the laws of this State, including
13 data privacy and security obligations that the Bureau
14 otherwise imposes on EHR systems.
15 (Source: P.A. 101-666, eff. 1-1-22.)
16 (720 ILCS 570/316)
17 Sec. 316. Prescription Monitoring Program.
18 (a) The Department must provide for a Prescription
19 Monitoring Program for Schedule II, III, IV, and V controlled
20 substances that includes the following components and
21 requirements:
22 (1) The dispenser must transmit to the central
23 repository, in a form and manner specified by the
24 Department, the following information:
25 (A) The recipient's name and address.
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1 (B) The recipient's date of birth and gender.
2 (C) The national drug code number of the
3 controlled substance dispensed.
4 (D) (Blank).
5 (E) The quantity of the controlled substance
6 dispensed and days supply.
7 (F) The dispenser's United States Drug Enforcement
8 Administration registration number.
9 (G) The prescriber's United States Drug
10 Enforcement Administration registration number.
11 (H) The dates the controlled substance
12 prescription is filled.
13 (I) The payment type used to purchase the
14 controlled substance (i.e. Medicaid, cash, third party
15 insurance).
16 (J) The patient location code (i.e. home, nursing
17 home, outpatient, etc.) for the controlled substances
18 other than those filled at a retail pharmacy.
19 (K) Any additional information that may be
20 required by the department by administrative rule,
21 including but not limited to information required for
22 compliance with the criteria for electronic reporting
23 of the American Society for Automation and Pharmacy or
24 its successor.
25 (2) The information required to be transmitted under
26 this Section must be transmitted not later than the end of
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1 the business day on which a controlled substance is
2 dispensed, or at such other time as may be required by the
3 Department by administrative rule.
4 (3) A dispenser must transmit electronically, as
5 provided by Department rule, the information required to
6 be transmitted under this Section.
7 (3.5) The requirements of paragraphs (1), (2), and (3)
8 of this subsection also apply to opioid treatment programs
9 that are licensed or certified by the Department of Human
10 Services Services' Division of Substance Use Prevention
11 and Recovery and are authorized by the federal Drug
12 Enforcement Administration to prescribe Schedule II, III,
13 IV, or V controlled substances for the treatment of opioid
14 use disorders. Opioid treatment programs shall attempt to
15 obtain written patient consent, shall document attempts to
16 obtain the written consent, and shall not transmit
17 information without patient consent. Documentation
18 obtained under this paragraph shall not be utilized for
19 law enforcement purposes, as proscribed under 42 CFR 2, as
20 amended by 42 U.S.C. 290dd-2. Treatment of a patient shall
21 not be conditioned upon his or her written consent.
22 (4) The Department may impose a civil fine of up to
23 $100 per day for willful failure to report controlled
24 substance dispensing to the Prescription Monitoring
25 Program. The fine shall be calculated on no more than the
26 number of days from the time the report was required to be
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1 made until the time the problem was resolved, and shall be
2 payable to the Prescription Monitoring Program.
3 (a-5) Notwithstanding subsection (a), a licensed
4 veterinarian is exempt from the reporting requirements of this
5 Section. If a person who is presenting an animal for treatment
6 is suspected of fraudulently obtaining any controlled
7 substance or prescription for a controlled substance, the
8 licensed veterinarian shall report that information to the
9 local law enforcement agency.
10 (b) The Department, by rule, may include in the
11 Prescription Monitoring Program certain other select drugs
12 that are not included in Schedule II, III, IV, or V. The
13 Prescription Monitoring Program does not apply to controlled
14 substance prescriptions as exempted under Section 313.
15 (c) The collection of data on select drugs and scheduled
16 substances by the Prescription Monitoring Program may be used
17 as a tool for addressing oversight requirements of long-term
18 care institutions as set forth by Public Act 96-1372.
19 Long-term care pharmacies shall transmit patient medication
20 profiles to the Prescription Monitoring Program monthly or
21 more frequently as established by administrative rule.
22 (d) The Department of Human Services shall appoint a
23 full-time Clinical Director of the Prescription Monitoring
24 Program.
25 (e) (Blank).
26 (f) It is the responsibility of any new, ceased, or
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1 unconnected healthcare facility and its selected Electronic
2 Health Records System or Pharmacy Management System to make
3 contact with and ensure integration with the Prescription
4 Monitoring Program. As soon as practicable after the effective
5 date of this amendatory Act of the 103rd General Assembly, the
6 Department shall adopt rules requiring Electronic Health
7 Records Systems and Pharmacy Management Systems to interface,
8 by January 1, 2024, with the Prescription Monitoring Program
9 to ensure that providers have access to specific patient
10 records during the treatment of their patients. The Department
11 shall identify actions to be taken if a prescriber's
12 Electronic Health Records System and Pharmacy Management
13 Systems does not effectively interface with the Prescription
14 Monitoring Program once the Prescription Monitoring Program is
15 aware of the non-integrated connection.
16 (g) The Department, in consultation with the Prescription
17 Monitoring Program Advisory Committee, shall adopt rules
18 allowing licensed prescribers or pharmacists who have
19 registered to access the Prescription Monitoring Program to
20 authorize a licensed or non-licensed designee employed in that
21 licensed prescriber's office or a licensed designee in a
22 licensed pharmacist's pharmacy who has received training in
23 the federal Health Insurance Portability and Accountability
24 Act and 42 CFR 2 to consult the Prescription Monitoring
25 Program on their behalf. The rules shall include reasonable
26 parameters concerning a practitioner's authority to authorize
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1 a designee, and the eligibility of a person to be selected as a
2 designee. In this subsection (g), "pharmacist" shall include a
3 clinical pharmacist employed by and designated by a Medicaid
4 Managed Care Organization providing services under Article V
5 of the Illinois Public Aid Code under a contract with the
6 Department of Healthcare and Family Services for the sole
7 purpose of clinical review of services provided to persons
8 covered by the entity under the contract to determine
9 compliance with subsections (a) and (b) of Section 314.5 of
10 this Act. A managed care entity pharmacist shall notify
11 prescribers of review activities.
12 (Source: P.A. 102-527, eff. 8-20-21; 102-813, eff. 5-13-22;
13 103-477, eff. 8-4-23.)
14 Section 160. The County Jail Act is amended by changing
15 Section 14 as follows:
16 (730 ILCS 125/14) (from Ch. 75, par. 114)
17 Sec. 14. At any time, in the opinion of the Warden, the
18 lives or health of the committed persons are endangered or the
19 security of the penal institution is threatened, to such a
20 degree as to render their removal necessary, the Warden may
21 cause an individual committed person or a group of committed
22 persons to be removed to some suitable place within the
23 county, or to the jail of some convenient county, where they
24 may be confined until they can be safely returned to the place
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1 whence they were removed. No committed person charged with a
2 felony shall be removed by the warden to a Mental Health or
3 Developmental Disabilities facility as defined in the Mental
4 Health and Developmental Disabilities Code, except as
5 specifically authorized by Article 104 or 115 of the Code of
6 Criminal Procedure of 1963, or the Mental Health and
7 Developmental Disabilities Code. Any place to which the
8 committed persons are so removed shall, during their
9 imprisonment there, be deemed, as to such committed persons, a
10 prison of the county in which they were originally confined;
11 but, they shall be under the care, government and direction of
12 the Warden of the jail of the county in which they are
13 confined. When any criminal detainee is transferred to the
14 custody of the Department of Human Services, the warden shall
15 supply the Department of Human Services with all of the
16 legally available information as described in 20 Ill. Adm.
17 Code 701.60(f). When a criminal detainee is delivered to the
18 custody of the Department, the following information must be
19 included with the items delivered:
20 (1) the sentence imposed;
21 (2) any findings of great bodily harm made by the
22 court;
23 (3) any statement by the court on the basis for
24 imposing the sentence;
25 (4) any presentence reports;
26 (5) any sex offender evaluations;
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1 (6) any substance abuse treatment eligibility
2 screening and assessment of the criminal detainee by an
3 agent designated by the State to provide assessments for
4 Illinois courts;
5 (7) the number of days, if any, which the criminal
6 detainee has been in custody and for which he or she is
7 entitled to credit against the sentence. Certification of
8 jail credit time shall include any time served in the
9 custody of the Illinois Department of Human
10 Services-Division of Mental Health or Division of
11 Developmental Disabilities, time served in another state
12 or federal jurisdiction, and any time served while on
13 probation or periodic imprisonment;
14 (8) State's Attorney's statement of facts, including
15 the facts and circumstances of the offenses for which the
16 criminal detainee was committed, any other factual
17 information accessible to the State's Attorney prior to
18 the commitment to the Department relative to the criminal
19 detainee's habits, associates, disposition, and reputation
20 or other information that may aid the Department during
21 the custody of the criminal detainee. If the statement is
22 unavailable at the time of delivery, the statement must be
23 transmitted within 10 days after receipt by the clerk of
24 the court;
25 (9) any medical or mental health records or summaries;
26 (10) any victim impact statements;
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1 (11) name of municipalities where the arrest of the
2 criminal detainee and the commission of the offense
3 occurred, if the municipality has a population of more
4 than 25,000 persons;
5 (12) all additional matters that the court directs the
6 clerk to transmit;
7 (13) a record of the criminal detainee's time and his
8 or her behavior and conduct while in the custody of the
9 county. Any action on the part of the criminal detainee
10 that might affect his or her security status with the
11 Department, including, but not limited to, an escape
12 attempt, participation in a riot, or a suicide attempt
13 should be included in the record; and
14 (14) the mittimus or sentence (judgment) order that
15 provides the following information:
16 (A) the criminal case number, names and citations
17 of the offenses, judge's name, date of sentence, and,
18 if applicable, whether the sentences are to be served
19 concurrently or consecutively;
20 (B) the number of days spent in custody; and
21 (C) if applicable, the calculation of pre-trial
22 program sentence credit awarded by the court to the
23 criminal detainee, including, at a minimum,
24 identification of the type of pre-trial program the
25 criminal detainee participated in and the number of
26 eligible days the court finds the criminal detainee
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1 spent in the pre-trial program multiplied by the
2 calculation factor of 0.5 for the total court-awarded
3 credit.
4 (Source: P.A. 103-745, eff. 1-1-25.)
5 Section 165. The Drug Court Treatment Act is amended by
6 changing Sections 10, 25, and 30 as follows:
7 (730 ILCS 166/10)
8 Sec. 10. Definitions. As used in this Act:
9 "Certification" means the process by which a
10 problem-solving court obtains approval from the Supreme Court
11 to operate in accordance with the Problem-Solving Court
12 Standards.
13 "Clinical treatment plan" means an evidence-based,
14 comprehensive, and individualized plan that: (i) is developed
15 by a qualified professional in accordance with the Department
16 of Human Services substance use prevention and recovery rules
17 under 77 Ill. Adm. Code 2060 or an equivalent standard in any
18 state where treatment may take place; and (ii) defines the
19 scope of treatment services to be delivered by a court
20 treatment provider.
21 "Combination drug court program" means a type of
22 problem-solving court that allows an individual to enter a
23 problem-solving court before a plea, conviction, or
24 disposition while also permitting an individual who has
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1 admitted guilt, or been found guilty, to enter a
2 problem-solving court as a part of the individual's sentence
3 or disposition.
4 "Community behavioral health center" means a physical site
5 where behavioral healthcare services are provided in
6 accordance with the Community Behavioral Health Center
7 Infrastructure Act.
8 "Community mental health center" means an entity:
9 (1) licensed by the Department of Public Health as a
10 community mental health center in accordance with the
11 conditions of participation for community mental health
12 centers established by the Centers for Medicare and
13 Medicaid Services; and
14 (2) that provides outpatient services, including
15 specialized outpatient services, for individuals who are
16 chronically mental ill.
17 "Co-occurring mental health and substance use disorders
18 court program" means a program that includes an individual
19 with co-occurring mental illness and substance use disorder
20 diagnoses and professionals with training and experience in
21 treating individuals with diagnoses of substance use disorder
22 and mental illness.
23 "Drug court", "drug court program", "court", or "program"
24 means a specially designated court, court calendar, or docket
25 facilitating intensive therapeutic treatment to monitor and
26 assist participants with substance use disorders in making
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1 positive lifestyle changes and reducing the rate of
2 recidivism. Drug court programs are nonadversarial in nature
3 and bring together substance use disorder professionals, local
4 social programs, and monitoring in accordance with the
5 nationally recommended 10 key components of drug courts and
6 the Problem-Solving Court Standards. Common features of a drug
7 court program include, but are not limited to, a designated
8 judge and staff; specialized intake and screening procedures;
9 coordinated treatment procedures administered by a trained,
10 multidisciplinary professional team; close evaluation of
11 participants, including continued assessments and modification
12 of the court requirements and use of sanctions, incentives,
13 and therapeutic adjustments to address behavior; frequent
14 judicial interaction with participants; less formal court
15 process and procedures; voluntary participation; and a low
16 treatment staff-to-client ratio.
17 "Drug court professional" means a member of the drug court
18 team, including but not limited to a judge, prosecutor,
19 defense attorney, probation officer, coordinator, or treatment
20 provider.
21 "Peer recovery coach" means a mentor assigned to a
22 defendant during participation in a drug treatment court
23 program who has been trained by the court, a service provider
24 used by the court for substance use disorder or mental health
25 treatment, a local service provider with an established peer
26 recovery coach or mentor program not otherwise used by the
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1 court for treatment, or a Certified Recovery Support
2 Specialist certified by the Illinois Certification Board.
3 "Peer recovery coach" includes individuals with lived
4 experiences of the issues the problem-solving court seeks to
5 address, including, but not limited to, substance use
6 disorder, mental illness, and co-occurring disorders or
7 involvement with the criminal justice system. "Peer recovery
8 coach" includes individuals required to guide and mentor the
9 participant to successfully complete assigned requirements and
10 to facilitate participants' independence for continued success
11 once the supports of the court are no longer available to them.
12 "Post-adjudicatory drug court program" means a program
13 that allows an individual who has admitted guilt or has been
14 found guilty, with the defendant's consent, and the approval
15 of the court, to enter a drug court program as part of the
16 defendant's sentence or disposition.
17 "Pre-adjudicatory drug court program" means a program that
18 allows the defendant, with the defendant's consent and the
19 approval of the court, to enter the drug court program before
20 plea, conviction, or disposition and requires successful
21 completion of the drug court program as part of the agreement.
22 "Problem-Solving Court Standards" means the statewide
23 standards adopted by the Supreme Court that set forth the
24 minimum requirements for the planning, establishment,
25 certification, operation, and evaluation of all
26 problem-solving courts in this State.
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1 "Validated clinical assessment" means a validated
2 assessment tool administered by a qualified clinician to
3 determine the treatment needs of participants. "Validated
4 clinical assessment" includes assessment tools required by
5 public or private insurance.
6 (Source: P.A. 102-1041, eff. 6-2-22.)
7 (730 ILCS 166/25)
8 Sec. 25. Procedure.
9 (a) A screening and clinical needs assessment and risk
10 assessment of the defendant shall be performed as required by
11 the court's policies and procedures prior to the defendant's
12 admission into a drug court. The clinical needs assessment
13 shall be conducted in accordance with the Department of Human
14 Services substance use prevention and recovery rules under 77
15 Ill. Adm. Code 2060. The assessment shall include, but is not
16 limited to, assessments of substance use and mental and
17 behavioral health needs. The assessment shall be administered
18 by individuals approved under the Department of Human Services
19 substance use prevention and recovery rules for professional
20 staff under 77 Ill. Adm. Code 2060 and used to inform any
21 clinical treatment plans. Clinical treatment plans shall be
22 developed in accordance with the Problem-Solving Court
23 Standards and in part upon the known availability of treatment
24 resources.
25 Any risk assessment shall be performed using an assessment
SB3722 Enrolled - 255 - LRB104 20597 KTG 34087 b
1 tool approved by the Administrative Office of the Illinois
2 Courts and as required by the court's policies and procedures.
3 An assessment need not be ordered if the court finds a
4 valid assessment related to the present charge pending against
5 the defendant has been completed within the previous 60 days.
6 (b) The judge shall inform the defendant that if the
7 defendant fails to meet the conditions of the drug court
8 program, eligibility to participate in the program may be
9 revoked and the defendant may be sentenced or the prosecution
10 continued as provided in the Unified Code of Corrections for
11 the crime charged.
12 (c) The defendant shall execute a written agreement as to
13 his or her participation in the program and shall agree to all
14 of the terms and conditions of the program, including but not
15 limited to the possibility of sanctions or incarceration for
16 failing to abide or comply with the terms of the program.
17 (d) In addition to any conditions authorized under the
18 Pretrial Services Act and Section 5-6-3 of the Unified Code of
19 Corrections, the court may order the participant to complete
20 mental health counseling or substance use disorder treatment
21 in an outpatient or residential treatment program and may
22 order the participant to comply with physicians'
23 recommendations regarding medications and all follow-up
24 treatment for any mental health diagnosis made by the
25 provider. Substance use disorder treatment programs must be
26 licensed by the Department of Human Services in accordance
SB3722 Enrolled - 256 - LRB104 20597 KTG 34087 b
1 with the Department of Human Services substance use prevention
2 and recovery rules, or an equivalent standard in any other
3 state where the treatment may take place, and use
4 evidence-based treatment. When referring participants to
5 mental health treatment programs, the court shall prioritize
6 providers certified as community mental health or behavioral
7 health centers if possible. The court shall consider the least
8 restrictive treatment option when ordering mental health or
9 substance use disorder treatment for participants and the
10 results of clinical and risk assessments in accordance with
11 the Problem-Solving Court Standards.
12 (e) The drug court program shall include a regimen of
13 graduated requirements, including fines, fees, costs,
14 restitution, individual and group therapy, substance analysis
15 testing, close monitoring by the court, restitution,
16 educational or vocational counseling as appropriate, and other
17 requirements necessary to fulfill the drug court program.
18 Program phases, therapeutic adjustments, incentives, and
19 sanctions, including the use of jail sanctions, shall be
20 administered in accordance with evidence-based practices and
21 the Problem-Solving Court Standards. A participant's failure
22 to pay program fines or fees shall not prevent the participant
23 from advancing phases or successfully completing the program.
24 If the participant needs treatment for an opioid use disorder
25 or dependence, the court may not prohibit the participant from
26 receiving medication-assisted treatment under the care of a
SB3722 Enrolled - 257 - LRB104 20597 KTG 34087 b
1 physician licensed in this State to practice medicine in all
2 of its branches. Drug court participants may not be required
3 to refrain from using medication-assisted treatment as a term
4 or condition of successful completion of the drug court
5 program.
6 (f) Recognizing that individuals struggling with mental
7 health, substance use, and related co-occurring disorders have
8 often experienced trauma, drug court programs may include
9 specialized service programs specifically designed to address
10 trauma. These specialized services may be offered to
11 individuals admitted to the drug court program. Judicial
12 circuits establishing these specialized programs shall partner
13 with advocates, survivors, and service providers in the
14 development of the programs. Trauma-informed services and
15 programming shall be operated in accordance with
16 evidence-based best practices as outlined by the Substance
17 Abuse and Mental Health Service Administration's National
18 Center for Trauma-Informed Care.
19 (g) The court may establish a mentorship program that
20 provides access and support to program participants by peer
21 recovery coaches. Courts shall be responsible to administer
22 the mentorship program with the support of mentors and local
23 mental health and substance use disorder treatment
24 organizations.
25 (Source: P.A. 102-1041, eff. 6-2-22.)
SB3722 Enrolled - 258 - LRB104 20597 KTG 34087 b
1 (730 ILCS 166/30)
2 Sec. 30. Mental health and substance use disorder
3 treatment.
4 (a) The drug court program shall maintain a network of
5 substance use disorder treatment programs representing a
6 continuum of graduated substance use disorder treatment
7 options commensurate with the needs of the participant.
8 (b) Any substance use disorder treatment program to which
9 participants are referred must hold a valid license from the
10 Department of Human Services Division of Substance Use
11 Prevention and Recovery, use evidence-based treatment, and
12 deliver all services in accordance with 77 Ill. Adm. Code
13 2060, including services available through the United States
14 Department of Veterans Affairs, the Illinois Department of
15 Veterans Affairs, or Veterans Assistance Commission, or an
16 equivalent standard in any other state where treatment may
17 take place.
18 (c) The drug court program may, at its discretion, employ
19 additional services or interventions, as it deems necessary on
20 a case by case basis.
21 (d) The drug court program may maintain or collaborate
22 with a network of mental health treatment programs
23 representing a continuum of treatment options commensurate
24 with the needs of the participant and available resources,
25 including programs with the State and community-based programs
26 supported and sanctioned by the State. Partnerships with
SB3722 Enrolled - 259 - LRB104 20597 KTG 34087 b
1 providers certified as mental health or behavioral health
2 centers shall be prioritized when possible.
3 (Source: P.A. 104-234, eff. 8-15-25.)
4 Section 170. The Veterans and Servicemembers Court
5 Treatment Act is amended by changing Sections 10, 25, and 30 as
6 follows:
7 (730 ILCS 167/10)
8 Sec. 10. Definitions. In this Act:
9 "Certification" means the process by which a
10 problem-solving court obtains approval from the Supreme Court
11 to operate in accordance with the Problem-Solving Court
12 Standards.
13 "Clinical treatment plan" means an evidence-based,
14 comprehensive, and individualized plan that: (i) is developed
15 by a qualified professional in accordance with the Department
16 of Human Services substance use prevention and recovery rules
17 under 77 Ill. Adm. Code 2060 or an equivalent standard in any
18 state where treatment may take place; and (ii) defines the
19 scope of treatment services to be delivered by a court
20 treatment provider.
21 "Combination Veterans and Servicemembers court program"
22 means a type of problem-solving court that allows an
23 individual to enter a problem-solving court before a plea,
24 conviction, or disposition while also permitting an individual
SB3722 Enrolled - 260 - LRB104 20597 KTG 34087 b
1 who has admitted guilt, or been found guilty, to enter a
2 problem-solving court as a part of the individual's sentence
3 or disposition.
4 "Community behavioral health center" means a physical site
5 where behavioral healthcare services are provided in
6 accordance with the Community Behavioral Health Center
7 Infrastructure Act.
8 "Community mental health center" means an entity:
9 (1) licensed by the Department of Public Health as a
10 community mental health center in accordance with the
11 conditions of participation for community mental health
12 centers established by the Centers for Medicare and
13 Medicaid Services; and
14 (2) that provides outpatient services, including
15 specialized outpatient services, for individuals who are
16 chronically mental ill.
17 "Co-occurring mental health and substance use disorders
18 court program" means a program that includes an individual
19 with co-occurring mental illness and substance use disorder
20 diagnoses and professionals with training and experience in
21 treating individuals with diagnoses of substance use disorder
22 and mental illness.
23 "Court" means veterans and servicemembers court.
24 "IDVA" means the Illinois Department of Veterans Affairs.
25 "Peer recovery coach" means a veteran mentor as defined
26 nationally by Justice for Vets and assigned to a veteran or
SB3722 Enrolled - 261 - LRB104 20597 KTG 34087 b
1 servicemember during participation in a veteran treatment
2 court program who has been approved by the court, and trained
3 according to curriculum recommended by Justice for Vets, a
4 service provider used by the court for substance use disorder
5 or mental health treatment, a local service provider with an
6 established peer recovery coach or mentor program not
7 otherwise used by the court for treatment, or a Certified
8 Recovery Support Specialist certified by the Illinois
9 Certification Board. "Peer recovery coach" includes
10 individuals with lived experiences of the issues the
11 problem-solving court seeks to address, including, but not
12 limited to, substance use disorder, mental illness, and
13 co-occurring disorders or involvement with the criminal
14 justice system. "Peer recovery coach" includes individuals
15 required to guide and mentor the participant to successfully
16 complete assigned requirements and to facilitate participants'
17 independence for continued success once the supports of the
18 court are no longer available to them.
19 "Post-adjudicatory veterans and servicemembers court
20 program" means a program that allows a defendant who has
21 admitted guilt or has been found guilty and agrees, with the
22 defendant's consent, and the approval of the court, to enter a
23 veterans and servicemembers court program as part of the
24 defendant's sentence or disposition.
25 "Pre-adjudicatory veterans and servicemembers court
26 program" means a program that allows the defendant, with the
SB3722 Enrolled - 262 - LRB104 20597 KTG 34087 b
1 defendant's consent and the approval of the court, to enter
2 the Veterans and Servicemembers Court program before plea,
3 conviction, or disposition and requires successful completion
4 of the Veterans and Servicemembers Court programs as part of
5 the agreement.
6 "Problem-Solving Court Standards" means the statewide
7 standards adopted by the Supreme Court that set forth the
8 minimum requirements for the planning, establishment,
9 certification, operation, and evaluation of all
10 problem-solving courts in this State.
11 "Servicemember" means a person who is currently serving in
12 the Army, Air Force, Marines, Navy, or Coast Guard on active
13 duty, reserve status or in the National Guard.
14 "VA" means the United States Department of Veterans
15 Affairs.
16 "VAC" means a veterans assistance commission.
17 "Validated clinical assessment" means a validated
18 assessment tool administered by a qualified clinician to
19 determine the treatment needs of participants. "Validated
20 clinical assessment" includes assessment tools required by
21 public or private insurance.
22 "Veteran" means a person who previously served as an
23 active servicemember.
24 "Veterans and servicemembers court professional" means a
25 member of the veterans and servicemembers court team,
26 including, but not limited to, a judge, prosecutor, defense
SB3722 Enrolled - 263 - LRB104 20597 KTG 34087 b
1 attorney, probation officer, coordinator, treatment provider.
2 "Veterans and servicemembers court", "veterans and
3 servicemembers court program", "court", or "program" means a
4 specially designated court, court calendar, or docket
5 facilitating intensive therapeutic treatment to monitor and
6 assist veteran or servicemember participants with substance
7 use disorder, mental illness, co-occurring disorders, or other
8 assessed treatment needs of eligible veteran and servicemember
9 participants and in making positive lifestyle changes and
10 reducing the rate of recidivism. Veterans and servicemembers
11 court programs are nonadversarial in nature and bring together
12 substance use disorder professionals, mental health
13 professionals, VA professionals, local social programs, and
14 intensive judicial monitoring in accordance with the
15 nationally recommended 10 key components of veterans treatment
16 courts and the Problem-Solving Court Standards. Common
17 features of a veterans and servicemembers court program
18 include, but are not limited to, a designated judge and staff;
19 specialized intake and screening procedures; coordinated
20 treatment procedures administered by a trained,
21 multidisciplinary professional team; close evaluation of
22 participants, including continued assessments and modification
23 of the court requirements and use of sanctions, incentives,
24 and therapeutic adjustments to address behavior; frequent
25 judicial interaction with participants; less formal court
26 process and procedures; voluntary participation; and a low
SB3722 Enrolled - 264 - LRB104 20597 KTG 34087 b
1 treatment staff-to-client ratio.
2 (Source: P.A. 104-234, eff. 8-15-25.)
3 (730 ILCS 167/25)
4 Sec. 25. Procedure.
5 (a) A screening and clinical needs assessment and risk
6 assessment of the defendant shall be performed as required by
7 the court's policies and procedures prior to the defendant's
8 admission into a veteran and servicemembers court. The
9 assessment shall be conducted through the VA, VAC, and/or the
10 IDVA to provide information on the defendant's veteran or
11 servicemember status.
12 Any risk assessment shall be performed using an assessment
13 tool approved by the Administrative Office of the Illinois
14 Courts and as required by the court's policies and procedures.
15 (b) A mental health and substance use disorder screening
16 and assessment of the defendant shall be performed by the VA,
17 VAC, or by the IDVA, or as otherwise outlined and as required
18 by the court's policies and procedures. The assessment shall
19 include, but is not limited to, assessments of substance use
20 and mental and behavioral health needs. The clinical needs
21 assessment shall be administered by a qualified professional
22 of the VA, VAC, or IDVA, or individuals who meet the Department
23 of Human Services substance use prevention and recovery rules
24 for professional staff under 77 Ill. Adm. Code 2060, or an
25 equivalent standard in any other state where treatment may
SB3722 Enrolled - 265 - LRB104 20597 KTG 34087 b
1 take place, and used to inform any clinical treatment plans.
2 Clinical treatment plans shall be developed, in accordance
3 with the Problem-Solving Court Standards and be based, in
4 part, upon the known availability of treatment resources
5 available to the veterans and servicemembers court. An
6 assessment need not be ordered if the court finds a valid
7 screening or assessment related to the present charge pending
8 against the defendant has been completed within the previous
9 60 days.
10 (c) The judge shall inform the defendant that if the
11 defendant fails to meet the conditions of the veterans and
12 servicemembers court program, eligibility to participate in
13 the program may be revoked and the defendant may be sentenced
14 or the prosecution continued as provided in the Unified Code
15 of Corrections for the crime charged.
16 (d) The defendant shall execute a written agreement with
17 the court as to the defendant's participation in the program
18 and shall agree to all of the terms and conditions of the
19 program, including but not limited to the possibility of
20 sanctions or incarceration for failing to abide or comply with
21 the terms of the program.
22 (e) In addition to any conditions authorized under the
23 Pretrial Services Act and Section 5-6-3 of the Unified Code of
24 Corrections, the court may order the participant to complete
25 mental health counseling or substance use disorder treatment
26 in an outpatient or residential treatment program and may
SB3722 Enrolled - 266 - LRB104 20597 KTG 34087 b
1 order the participant to comply with physicians'
2 recommendations regarding medications and all follow-up
3 treatment for any mental health diagnosis made by the
4 provider. Substance use disorder treatment programs must be
5 licensed by the Department of Human Services in accordance
6 with the Department of Human Services substance use prevention
7 and recovery rules, or an equivalent standard in any other
8 state where the treatment may take place, and use
9 evidence-based treatment. When referring participants to
10 mental health treatment programs, the court shall prioritize
11 providers certified as community mental health or behavioral
12 health centers if possible. The court shall consider the least
13 restrictive treatment option when ordering mental health or
14 substance use disorder treatment for participants and the
15 results of clinical and risk assessments in accordance with
16 the Problem-Solving Court Standards.
17 (e-5) The veterans and servicemembers court shall include
18 a regimen of graduated requirements, including individual and
19 group therapy, substance analysis testing, close monitoring by
20 the court, supervision of progress, restitution, educational
21 or vocational counseling as appropriate, and other
22 requirements necessary to fulfill the veterans and
23 servicemembers court program. Program phases, therapeutic
24 adjustments, incentives, and sanctions, including the use of
25 jail sanctions, shall be administered in accordance with
26 evidence-based practices and the Problem-Solving Court
SB3722 Enrolled - 267 - LRB104 20597 KTG 34087 b
1 Standards. If the participant needs treatment for an opioid
2 use disorder or dependence, the court may not prohibit the
3 participant from receiving medication-assisted treatment under
4 the care of a physician licensed in this State to practice
5 medicine in all of its branches. Veterans and servicemembers
6 court participants may not be required to refrain from using
7 medication-assisted treatment as a term or condition of
8 successful completion of the veteran and servicemembers court
9 program.
10 (e-10) Recognizing that individuals struggling with mental
11 health, substance use, and related co-occurring disorders have
12 often experienced trauma, veterans and servicemembers court
13 programs may include specialized service programs specifically
14 designed to address trauma. These specialized services may be
15 offered to individuals admitted to the veterans and
16 servicemembers court program. Judicial circuits establishing
17 these specialized programs shall partner with advocates,
18 survivors, and service providers in the development of the
19 programs. Trauma-informed services and programming shall be
20 operated in accordance with evidence-based best practices as
21 outlined by the Substance Abuse and Mental Health Service
22 Administration's National Center for Trauma-Informed Care
23 (SAMHSA).
24 (f) The Court may establish a mentorship program that
25 provides access and support to program participants by peer
26 recovery coaches. Courts shall be responsible to administer
SB3722 Enrolled - 268 - LRB104 20597 KTG 34087 b
1 the mentorship program with the support of volunteer veterans
2 and local veteran service organizations, including a VAC. Peer
3 recovery coaches shall be trained and certified by the Court
4 prior to being assigned to participants in the program.
5 (Source: P.A. 102-1041, eff. 6-2-22.)
6 (730 ILCS 167/30)
7 Sec. 30. Mental health and substance use disorder
8 treatment.
9 (a) The veterans and servicemembers court program may
10 maintain a network of substance use disorder treatment
11 programs representing a continuum of graduated substance use
12 disorder treatment options commensurate with the needs of
13 participants; these shall include programs with the VA, IDVA,
14 a VAC, the State, and community-based programs supported and
15 sanctioned by either or both.
16 (b) Any substance use disorder treatment program to which
17 participants are referred must hold a valid license from the
18 Department of Human Services Division of Substance Use
19 Prevention and Recovery, use evidence-based treatment, and
20 deliver all services in accordance with 77 Ill. Adm. code
21 2060, including services available through the VA, IDVA or
22 VAC, or an equivalent standard in any other state where
23 treatment may take place.
24 (c) The veterans and servicemembers court program may, in
25 its discretion, employ additional services or interventions,
SB3722 Enrolled - 269 - LRB104 20597 KTG 34087 b
1 as it deems necessary on a case by case basis.
2 (d) The veterans and servicemembers court program may
3 maintain or collaborate with a network of mental health
4 treatment programs and, if it is a co-occurring mental health
5 and substance use disorders court program, a network of
6 substance use disorder treatment programs representing a
7 continuum of treatment options commensurate with the needs of
8 the participant and available resources including programs
9 with the VA, the IDVA, a VAC, and the State of Illinois. When
10 not using mental health treatment or services available
11 through the VA, IDVA, or VAC, partnerships with providers
12 certified as community mental health or behavioral health
13 centers shall be prioritized, as possible.
14 (Source: P.A. 102-1041, eff. 6-2-22.)
15 Section 175. The Mental Health Court Treatment Act is
16 amended by changing Sections 10, 25, and 30 as follows:
17 (730 ILCS 168/10)
18 Sec. 10. Definitions. As used in this Act:
19 "Certification" means the process by which a
20 problem-solving court obtains approval from the Supreme Court
21 to operate in accordance with the Problem-Solving Court
22 Standards.
23 "Clinical treatment plan" means an evidence-based,
24 comprehensive, and individualized plan that: (i) is developed
SB3722 Enrolled - 270 - LRB104 20597 KTG 34087 b
1 by a qualified professional in accordance with Department of
2 Human Services substance use prevention and recovery rules
3 under 77 Ill. Adm. Code 2060 or an equivalent standard in any
4 state where treatment may take place; and (ii) defines the
5 scope of treatment services to be delivered by a court
6 treatment provider.
7 "Combination mental health court program" means a type of
8 problem-solving court that allows an individual to enter a
9 problem-solving court before a plea, conviction, or
10 disposition while also permitting an individual who has
11 admitted guilt, or been found guilty, to enter a
12 problem-solving court as a part of the individual's sentence
13 or disposition.
14 "Community behavioral health center" means a physical site
15 where behavioral healthcare services are provided in
16 accordance with the Community Behavioral Health Center
17 Infrastructure Act.
18 "Community mental health center" means an entity:
19 (1) licensed by the Department of Public Health as a
20 community mental health center in accordance with the
21 conditions of participation for community mental health
22 centers established by the Centers for Medicare and
23 Medicaid Services; and
24 (2) that provides outpatient services, including
25 specialized outpatient services, for individuals who are
26 chronically mental ill.
SB3722 Enrolled - 271 - LRB104 20597 KTG 34087 b
1 "Co-occurring mental health and substance use disorders
2 court program" means a program that includes an individual
3 with co-occurring mental illness and substance use disorder
4 diagnoses and professionals with training and experience in
5 treating individuals with diagnoses of substance use disorder
6 and mental illness.
7 "Mental health court", "mental health court program",
8 "court", or "program" means a specially designated court,
9 court calendar, or docket facilitating intensive therapeutic
10 treatment to monitor and assist participants with mental
11 illness in making positive lifestyle changes and reducing the
12 rate of recidivism. Mental health court programs are
13 nonadversarial in nature and bring together mental health
14 professionals and local social programs in accordance with the
15 Bureau of Justice Assistance and Council of State Governments
16 Justice Center's Essential Elements of a Mental Health Court
17 and the Problem-Solving Court Standards. Common features of a
18 mental health court program include, but are not limited to, a
19 designated judge and staff; specialized intake and screening
20 procedures; coordinated treatment procedures administered by a
21 trained, multidisciplinary professional team; close evaluation
22 of participants, including continued assessments and
23 modification of the court requirements and use of sanctions,
24 incentives, and therapeutic adjustments to address behavior;
25 frequent judicial interaction with participants; less formal
26 court process and procedures; voluntary participation; and a
SB3722 Enrolled - 272 - LRB104 20597 KTG 34087 b
1 low treatment staff-to-client ratio.
2 "Mental health court professional" means a member of the
3 mental health court team, including but not limited to a
4 judge, prosecutor, defense attorney, probation officer,
5 coordinator, or treatment provider.
6 "Peer recovery coach" means a mentor assigned to a
7 defendant during participation in a mental health treatment
8 court program who has been trained by the court, a service
9 provider used by the court for substance use disorder or
10 mental health treatment, a local service provider with an
11 established peer recovery coach or mentor program not
12 otherwise used by the court for treatment, or a Certified
13 Recovery Support Specialist certified by the Illinois
14 Certification Board. "Peer recovery coach" includes
15 individuals with lived experiences of the issues the
16 problem-solving court seeks to address, including, but not
17 limited to, substance use disorder, mental illness, and
18 co-occurring disorders or involvement with the criminal
19 justice system. "Peer recovery coach" includes individuals
20 required to guide and mentor the participant to successfully
21 complete assigned requirements and to facilitate participants'
22 independence for continued success once the supports of the
23 court are no longer available to them.
24 "Post-adjudicatory mental health court program" means a
25 program that allows an individual who has admitted guilt or
26 has been found guilty, with the defendant's consent, and the
SB3722 Enrolled - 273 - LRB104 20597 KTG 34087 b
1 approval of the court, to enter a mental health court program
2 as part of the defendant's sentence or disposition.
3 "Pre-adjudicatory mental health court program" means a
4 program that allows the defendant, with the defendant's
5 consent and the approval of the court, to enter the mental
6 health court program before plea, conviction, or disposition
7 and requires successful completion of the mental health court
8 program as part of the agreement.
9 "Problem-Solving Court Standards" means the statewide
10 standards adopted by the Supreme Court that set forth the
11 minimum requirements for the planning, establishment,
12 certification, operation, and evaluation of all
13 problem-solving courts in this State.
14 "Validated clinical assessment" means a validated
15 assessment tool administered by a qualified clinician to
16 determine the treatment needs of participants. "Validated
17 clinical assessment" includes assessment tools required by
18 public or private insurance.
19 (Source: P.A. 102-1041, eff. 6-2-22.)
20 (730 ILCS 168/25)
21 Sec. 25. Procedure.
22 (a) An eligibility screening and an assessment of the
23 defendant shall be performed as required by the court's
24 policies and procedures. The assessment shall include a
25 validated clinical assessment. The clinical assessment shall
SB3722 Enrolled - 274 - LRB104 20597 KTG 34087 b
1 include, but is not limited to, assessments of substance use
2 and mental and behavioral health needs. The clinical
3 assessment shall be administered by a qualified professional
4 and used to inform any clinical treatment plans. Clinical
5 treatment plans shall be developed, in part, upon the known
6 availability of treatment resources available. Assessments for
7 substance use disorder shall be conducted in accordance with
8 the Department of Human Services substance use prevention and
9 recovery rules contained in 77 Ill. Adm. Code 2060 or an
10 equivalent standard in any other state where treatment may
11 take place, and conducted by individuals who meet the
12 Department of Human Services substance use prevention and
13 recovery rules for professional staff also contained within
14 that Code, or an equivalent standard in any other state where
15 treatment may take place. The assessments shall be used to
16 inform any clinical treatment plans. Clinical treatment plans
17 shall be developed in accordance with Problem-Solving Court
18 Standards and, in part, upon the known availability of
19 treatment resources. An assessment need not be ordered if the
20 court finds a valid assessment related to the present charge
21 pending against the defendant has been completed within the
22 previous 60 days.
23 (b) The judge shall inform the defendant that if the
24 defendant fails to meet the conditions of the mental health
25 court program, eligibility to participate in the program may
26 be revoked and the defendant may be sentenced or the
SB3722 Enrolled - 275 - LRB104 20597 KTG 34087 b
1 prosecution continued as provided in the Unified Code of
2 Corrections for the crime charged.
3 (c) The defendant shall execute a written agreement as to
4 his or her participation in the program and shall agree to all
5 of the terms and conditions of the program, including but not
6 limited to the possibility of sanctions or incarceration for
7 failing to abide or comply with the terms of the program.
8 (d) In addition to any conditions authorized under the
9 Pretrial Services Act and Section 5-6-3 of the Unified Code of
10 Corrections, the court may order the participant to complete
11 mental health counseling or substance use disorder treatment
12 in an outpatient or residential treatment program and may
13 order the participant to comply with physicians'
14 recommendations regarding medications and all follow-up
15 treatment for any mental health diagnosis made by the
16 provider. Substance use disorder treatment programs must be
17 licensed by the Department of Human Services in accordance
18 with the Department of Human Services substance use prevention
19 and recovery rules, or an equivalent standard in any other
20 state where the treatment may take place, and use
21 evidence-based treatment. When referring participants to
22 mental health treatment programs, the court shall prioritize
23 providers certified as community mental health or behavioral
24 health centers if possible. The court shall consider the least
25 restrictive treatment option when ordering mental health or
26 substance use disorder treatment for participants and the
SB3722 Enrolled - 276 - LRB104 20597 KTG 34087 b
1 results of clinical and risk assessments in accordance with
2 the Problem-Solving Court Standards.
3 (e) The mental health court program shall include a
4 regimen of graduated requirements, including fines, fees,
5 costs, restitution, individual and group therapy, medication,
6 substance analysis testing, close monitoring by the court,
7 supervision of progress, restitution, educational or
8 vocational counseling as appropriate, and other requirements
9 necessary to fulfill the mental health court program. Program
10 phases, therapeutic adjustments, incentives, and sanctions,
11 including the use of jail sanctions, shall be administered in
12 accordance with evidence-based practices and the
13 Problem-Solving Court Standards. A participant's failure to
14 pay program fines or fees shall not prevent the participant
15 from advancing phases or successfully completing the program.
16 If the participant needs treatment for an opioid use disorder
17 or dependence, the court may not prohibit the participant from
18 receiving medication-assisted treatment under the care of a
19 physician licensed in this State to practice medicine in all
20 of its branches. Mental health court participants may not be
21 required to refrain from using medication-assisted treatment
22 as a term or condition of successful completion of the mental
23 health court program.
24 (f) The mental health court program may maintain or
25 collaborate with a network of mental health treatment programs
26 and, if it is a co-occurring mental health and substance use
SB3722 Enrolled - 277 - LRB104 20597 KTG 34087 b
1 disorders court program, a network of substance use disorder
2 treatment programs representing a continuum of treatment
3 options commensurate with the needs of the participant and
4 available resources, including programs of this State.
5 (g) Recognizing that individuals struggling with mental
6 health, addiction, and related co-occurring disorders have
7 often experienced trauma, mental health court programs may
8 include specialized service programs specifically designed to
9 address trauma. These specialized services may be offered to
10 individuals admitted to the mental health court program.
11 Judicial circuits establishing these specialized programs
12 shall partner with advocates, survivors, and service providers
13 in the development of the programs. Trauma-informed services
14 and programming shall be operated in accordance with
15 evidence-based best practices as outlined by the Substance
16 Abuse and Mental Health Service Administration's National
17 Center for Trauma-Informed Care.
18 (h) The court may establish a mentorship program that
19 provides access and support to program participants by peer
20 recovery coaches. Courts shall be responsible to administer
21 the mentorship program with the support of mentors and local
22 mental health and substance use disorder treatment
23 organizations.
24 (Source: P.A. 102-1041, eff. 6-2-22.)
25 (730 ILCS 168/30)
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1 Sec. 30. Mental health and substance use disorder
2 treatment.
3 (a) The mental health court program may maintain or
4 collaborate with a network of mental health treatment programs
5 and, if it is a co-occurring mental health and substance use
6 disorders court program, a network of substance use disorder
7 treatment programs representing a continuum of treatment
8 options commensurate with the needs of participants and
9 available resources.
10 (b) Any substance use disorder treatment program to which
11 participants are referred must hold a valid license from the
12 Department of Human Services Division of Substance Use
13 Prevention and Recovery, use evidence-based treatment, and
14 deliver all services in accordance with 77 Ill. Adm. Code
15 2060, including services available through the United States
16 Department of Veterans Affairs, the Illinois Department of
17 Veterans Affairs, or the Veterans Assistance Commission, or an
18 equivalent standard in any other state where treatment may
19 take place.
20 (c) The mental health court program may, at its
21 discretion, employ additional services or interventions, as it
22 deems necessary on a case by case basis.
23 (Source: P.A. 102-1041, eff. 6-2-22.)
24 Section 180. The Consumer Fraud and Deceptive Business
25 Practices Act is amended by changing Section 2VVV as follows:
SB3722 Enrolled - 279 - LRB104 20597 KTG 34087 b
1 (815 ILCS 505/2VVV)
2 Sec. 2VVV. Deceptive marketing, advertising, and sale of
3 mental health disorder and substance use disorder treatment.
4 (a) As used in this Section:
5 "Facility" has the meaning ascribed to that term in
6 Section 1-10 of the Substance Use Disorder Act when used in
7 reference to a facility that provides substance use disorder
8 treatment. "Facility" has the same meaning as "mental health
9 facility" under Section 1-114 of the Mental Health and
10 Developmental Disabilities Code when used in reference to a
11 facility that provides mental health disorder treatment.
12 "Hospital affiliate" has the meaning ascribed to that term
13 in Section 10.8 of the Hospital Licensing Act.
14 "Mental health disorder" has the same meaning as "mental
15 illness" under Section 1-129 of the Mental Health and
16 Developmental Disabilities Code.
17 "Program" means a licensable or fundable activity or
18 service, or a coordinated range of such activities or
19 services, established or licensed by the Department of Human
20 Services.
21 "Substance use disorder" has the same meaning as
22 "substance abuse" under Section 1-10 of the Substance Use
23 Disorder Act.
24 "Treatment" has the meaning ascribed to that term in
25 Section 1-10 of the Substance Use Disorder Act when used in
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1 reference to treatment for a substance use disorder.
2 "Treatment" has the meaning ascribed to that term in Section
3 1-128 of the Mental Health and Developmental Disabilities Code
4 when used in reference to treatment for a mental health
5 disorder.
6 (b) It is an unlawful practice for any person to engage in
7 misleading or false advertising or promotion that
8 misrepresents the need to seek mental health disorder or
9 substance use disorder treatment outside of the State of
10 Illinois.
11 (c) Any marketing, advertising, promotional, or sales
12 materials directed to Illinois residents concerning mental
13 health disorder or substance use disorder treatment must:
14 (1) prominently display or announce the full physical
15 address of the treatment program or facility;
16 (2) display whether the treatment program or facility
17 is licensed in the State of Illinois;
18 (3) display whether the treatment program or facility
19 has locations in Illinois;
20 (4) display whether the services provided by the
21 treatment program or facility are covered by an insurance
22 policy issued to an Illinois resident;
23 (5) display whether the treatment program or facility
24 is an in-network or out-of-network provider;
25 (6) include a link to the Internet website for the
26 Department of Human Services Services' Division of Mental
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1 Health and Division of Substance Use Prevention and
2 Recovery, or any successor State agency that provides
3 information regarding licensed providers of services; and
4 (7) disclose that mental health disorder and substance
5 use disorder treatment may be available at a reduced cost
6 or for free for Illinois residents within the State of
7 Illinois.
8 (d) It is an unlawful practice for any person to solicit,
9 offer, or enter into an arrangement under which a patient
10 seeking mental health disorder or substance use disorder
11 treatment is referred to a mental health disorder or substance
12 use disorder treatment program or facility in exchange for a
13 fee, a percentage of the treatment program's or facility's
14 revenues that are related to the patient, or any other
15 remuneration that takes into account the volume or value of
16 the referrals to the treatment program or facility. Such
17 practice shall also be considered a violation of the
18 prohibition against fee splitting in Section 22.2 of the
19 Medical Practice Act of 1987 and a violation of the Health Care
20 Worker Self-Referral Act. It is not a violation of this
21 Section for programs or facilities to enter into personal
22 services agreements or management services agreements with
23 third parties that do not take into account the volume or value
24 of referrals. It is not a violation of this Section for
25 programs or facilities to provide discounts for treatment
26 services to clients as long as the discount is based on
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1 financial necessity in accordance with the program's or
2 facility's charity care plan, regardless of referral source or
3 reason. Compensation paid by programs or facilities to their
4 employees and independent contractors related to identifying,
5 locating, and securing referrals to that program or facility
6 is not a violation of this Section if the amount of
7 compensation provided to the employee or independent
8 contractor does not vary based upon the volume or value of such
9 referrals. This Section does not apply to health insurance
10 companies, health maintenance organizations, managed care
11 plans, or organizations, including hospitals and hospital
12 affiliates licensed in Illinois.
13 (Source: P.A. 101-81, eff. 7-12-19; 102-550, eff. 8-20-21.)
14 (110 ILCS 165/Act rep.)
15 Section 185. The Behavioral Health Workforce Education
16 Center Task Force Act is repealed.
17 (305 ILCS 5/5-1.5 rep.)
18 Section 190. The Illinois Public Aid Code is amended by
19 repealing Section 5-1.5.
20 (405 ILCS 90/35 rep.)
21 Section 195. The Health Care Workplace Violence Prevention
22 Act is amended by repealing Section 35.
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1 (405 ILCS 115/Act rep.)
2 Section 200. The Advisory Council on Early Identification
3 and Treatment of Mental Health Conditions Act is repealed.
4 (405 ILCS 140/10 rep.)
5 (405 ILCS 140/15 rep.)
6 Section 205. The Mental Health Inpatient Facility Access
7 Act is amended by repealing Sections 10 and 15.
8 (405 ILCS 160/Act rep.)
9 Section 210. The Strengthening and Transforming Behavioral
10 Health Crisis Care in Illinois Act is repealed.
11 Article 5.
12 Section 5-5. The Department of Human Services Act is
13 amended by changing and renumbering Section 1-90, as added by
14 Public Act 104-159, as follows:
15 (20 ILCS 1305/1-91)
16 Sec. 1-91 1-90. Statewide plan; victims of human
17 trafficking.
18 (a) In this Section, "human trafficking" means a violation
19 or attempted violation of Section 10-9 of the Criminal Code of
20 2012. Human trafficking includes trafficking of children and
21 adults for both labor and sex services.
SB3722 Enrolled - 284 - LRB104 20597 KTG 34087 b
1 (b) The Department of Human Services shall:
2 (1) on or before December 31, 2025, develop and submit
3 a strategic plan to the Governor and General Assembly to
4 establish a statewide system of identification and
5 response to survivors of human trafficking and recommended
6 levels of funding for phase-in of comprehensive
7 victim-centered, trauma-informed statewide services for
8 victims of human trafficking, including adults, youth and
9 children, and to sex and labor trafficking victims
10 regardless of immigration or legal status. The plan shall
11 be developed in consultation with survivors, human
12 trafficking service providers, and State agencies
13 including the Department of Human Services, Department of
14 Children and Family Services, Illinois State Police, and
15 Department of Labor. The Department of Human Services
16 shall also solicit input from a broad range of partners
17 with relevant expertise in the areas of: housing and
18 shelter; youth crisis response; adult and pediatric
19 healthcare; substance use disorders, behavioral and mental
20 health; legal and immigration services; disability;
21 domestic violence and sexual assault advocacy; law
22 enforcement; justice system including the Office of the
23 State's Attorneys Appellate Prosecutor, prosecutors and
24 public defenders, county detention centers, probation
25 court services, and the Administrative Office of the
26 Illinois Courts; State agencies, including the Department
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1 of Juvenile Justice, Department of Public Health,
2 Department of Corrections, and Illinois Criminal Justice
3 Information Authority; and federally funded and regional
4 multi-disciplinary human trafficking task forces; .
5 (2) within one calendar year of the release of federal
6 standards on or before July 1, 2026, develop service
7 standards for organizations providing victim services to
8 survivors of human trafficking based upon victim-centered,
9 trauma-informed best practices in consultation with
10 survivors and experts in the field and consistent with
11 standards developed by the United States Department of
12 Justice, Office of Victims of Crime;
13 (3) within one calendar year of the release of federal
14 standards on or before October 1, 2026, develop
15 standardized training curriculum for individuals who
16 provide advocacy, counseling, mental health, substance use
17 disorder, homelessness, immigration, legal, and
18 case-management services for survivors of human
19 trafficking with input from survivors and experts in the
20 field;
21 (4) provide consultation to State professional
22 associations in the development of trainings for
23 healthcare professionals, including those in training, and
24 attorneys who are likely to provide services to survivors
25 of human trafficking; and
26 (5) provide consultation to State agencies, including,
SB3722 Enrolled - 286 - LRB104 20597 KTG 34087 b
1 but not limited to, the Department of Children and Family
2 Services, the Department of Juvenile Justice, and the
3 Department of Corrections, to assist with development of
4 training and screening tools.
5 (Source: P.A. 104-159 (See Section 99 of P.A. 104-159);
6 revised 10-7-25.)
7 Article 910.
8 Section 910-995. No acceleration or delay. Where this Act
9 makes changes in a statute that is represented in this Act by
10 text that is not yet or no longer in effect (for example, a
11 Section represented by multiple versions), the use of that
12 text does not accelerate or delay the taking effect of (i) the
13 changes made by this Act or (ii) provisions derived from any
14 other Public Act.
SB3722 Enrolled - 287 - LRB104 20597 KTG 34087 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 140/7 from Ch. 91 1/2, par. 100-14
4 15 ILCS 60/5
5 15 ILCS 60/15 from Ch. 127, par. 141.13
6 20 ILCS 301/1-10 was 5 ILCS 820/25
7 20 ILCS 301/50-10
8 20 ILCS 301/55-30
9 20 ILCS 1305/1-40
10 20 ILCS 1305/10-66
11 20 ILCS 1705/14
12 20 ILCS 1705/18.4
13 20 ILCS 1705/75
14 20 ILCS 2421/5
15 20 ILCS 2421/30
16 30 ILCS 105/5.13
17 30 ILCS 732/5
18 50 ILCS 71/25
19 55 ILCS 130/10
20 55 ILCS 130/15
21 55 ILCS 130/40
22 110 ILCS 185/65-25
23 210 ILCS 49/2-103
24 210 ILCS 49/4-103
25 210 ILCS 49/4-105
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from Ch. 23, par. 5-5.12
1 210 ILCS 49/4-106 from Ch. 23, par. 4154
2 215 ILCS 5/356z.22
3 215 ILCS 5/356z.31
4 215 ILCS 5/356z.36
5 225 ILCS 85/39.5
6 225 ILCS 150/5
7 305 ILCS 5/5-5.05f
8 305 ILCS 5/5-5.12
9 305 ILCS 5/5-5.12f
10 305 ILCS 5/5-5.23
11 305 ILCS 5/5-5.25
12 305 ILCS 5/5-44
13 305 ILCS 5/5-45
14 305 ILCS 5/5-47
15 305 ILCS 5/5-50
16 305 ILCS 65/5
17 305 ILCS 65/10
18 320 ILCS 20/5.1
19 320 ILCS 20/15
20 325 ILCS 3/10-30
21 325 ILCS 20/4
22 405 ILCS 5/6-104.3
23 405 ILCS 30/4.6
24 405 ILCS 49/10
25 405 ILCS 80/7-1
26 405 ILCS 125/3
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1 405 ILCS 125/5 from Ch. 56 1/2, par. 1102
2 405 ILCS 125/15 from Ch. 75, par. 114
3 405 ILCS 125/20
4 405 ILCS 125/25
5 405 ILCS 125/30
6 405 ILCS 125/40
7 405 ILCS 125/45
8 405 ILCS 125/50
9 405 ILCS 125/55
10 405 ILCS 125/60
11 405 ILCS 125/70
12 405 ILCS 125/75
13 405 ILCS 145/1-10
14 405 ILCS 145/1-20
15 405 ILCS 145/1-30
16 405 ILCS 145/1-35
17 405 ILCS 162/10
18 405 ILCS 162/15
19 410 ILCS 710/10
20 625 ILCS 70/5
21 720 ILCS 570/102
22 720 ILCS 570/220
23 720 ILCS 570/316
24 730 ILCS 125/14
25 730 ILCS 166/10
26 730 ILCS 166/25
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1 730 ILCS 166/30
2 730 ILCS 167/10
3 730 ILCS 167/25
4 730 ILCS 167/30
5 730 ILCS 168/10
6 730 ILCS 168/25
7 730 ILCS 168/30
8 815 ILCS 505/2VVV
9 110 ILCS 165/Act rep.
10 305 ILCS 5/5-1.5 rep.
11 405 ILCS 90/35 rep.
12 405 ILCS 115/Act rep.
13 405 ILCS 140/10 rep.
14 405 ILCS 140/15 rep.
15 405 ILCS 160/Act rep.Every fact on this page links to its source, starting with the official bill record.